GENERAL  AND  PRIMARY 


ELECTION  LAWS 


OF  THE 


STATE  OF  IDAHO 

IQ22 


Issued  by  Authority  oJ 

ROBERT  O.  JONES 

Secretary  of  State 


7Itt7*^^ 


m 

m 


GENERAL  AND  PRIMARY 


ELECTION  LAWS 


OF  THE 


STATE  OF  IDAHO 

1922 


Issued  by  Authority  of 

ROBERT  0.  JONES 

Secretary  of  State 


TABLE  OF  CONTENTS. 


CHAPTER 

I.  Constitutional  Provisions. 

II.  General  Provisions. 

III.  Time  for  Holding  Elections. 

IV.  Notices  of  Election. 

V.  Qualifications  of  Voters. 

VI.  Election  Precincts,  Judges  and  Clerks. 

VII.  Primary  Elections. 

VIII.  Registration  of  Electors. 

IX.  Ballots  and  Supplies 

X.  Conduct  of  Elections. 

XL  Absent  Voting. 

XII.  Canvass  of  Returns. 

XIII.  Presidential  Electors. 

XIV.  Removal  of  County  Seats  and  Changing  County 

Boundaries. 

XV.  Special  Elections. 

XVI.  Resignations  and  Vacancies. 

XVII.  Erections  of  Public  Buildings. 

XVIII.  County  Bond  Elections. 

XIX.  Municipal  Elections. 

XX.  Municipal  Bond. 

XXI.  Contested  Elections. 

XXII.  Holidays.  . 

XXIII.  Commission  Form  of  Government. 

XXIV.  City  Manager  Plan  of  City  Government. 
XXV.  Crimes  Against  the  Elective  Franchise. 

Apendix. 


M144056 


MEMORANDUM 
IMPORTANT  DATES 

Terms  of  Legislators  begin  December  1,  following  the 
election.  (Section  76,  Compiled  Statutes). 

Terms  of  State  officials  begin  on  the  first  Monday  of  Jan- 
uary succeeding  their  election.  This  date  for  the  year  1923 
is  January  1.  (Section  73,  Compiled  Statutes). 

Legislative  sessions  convene  on  the  first  Monday  after 
the  first  day  of  January  succeeding  the  election.  The  date 
the  1923  session  will  convene  is  January  8,  1923.  (Article  3, 
Section  8,  Constitution). 


The  following  are  the  convention  and  the  election  dates 
for  the  year  1922 : 

The  Primary  Election  will  be  held  on  the  first  Tuesday  of 
August;  that  is,  August  1,  1922.  (Section  518,  Compiled 
Statutes) . 

The  County  Conventions  will  be  held  on  the  third  Tuesday 
of  August;  that  is,  August  15,  1922. 

The  State  Central  Committee  will  organize  on  the  fourth 
Tuesday  of  August;  that  is,  August  22,  1922.  (Section  521, 
Compiled  Statutes) . 

The  State  Conventions  will  convene  on  the  fourth  Tuesday 
of  August;  that  is,  August  22,  1922.  (Section  524,  Com- 
piled Statutes). 

The  General  Election  will  be  held  on  the  Tuesday  suc- 
ceeding the  first  Monday  of  November;  that  is,  November 
7,  1922.  (Section  491,  Compiled  Statutes). 

State  Board  of  Canvassers  meets  August  16,  1922,  to 
canvass  vote  for  District  Judges.  (Section  537). 


CHAPTER  I. 

CONSTITUTIONAL  PROVISIONS. 

The  constitution  was  adopted  by  a  constitutional  convention  held 
at  Boise,  in  the  Territory  of  Idaho,  August  6,  1889  ,ratified  by  the 
people  November  5,  1889,  and  approved  by  congress  July  3,  1890. 
(26  Stat.  L.  215.) 

ARTICLE  I. 

SEC.  19.  Right  of  Suffrage  Guaranteed.  No  power,  civil 
or  military,  shall  at  any  time  interfere  with  or  prevent  the 
free  and  lawful  exercise  of  the  right  of  suffrage. 

Contrued:  This  section  has  reference  to  the  attendance  of  offi- 
cers, civil  or  military,  at  the  polls,  and  prohibits  them  from  inter- 
fering with  the  free  and  lawful  exercise  of  the  right  of  suffrage. 
Adams  v.  Lansdon  (1910)  18  I.  483,  110  P.  280. 

SEC.  20.  No  Property  Qikdification  Required  of  Electors. 
No  property  qualification  shall  ever  be  required  for  any  per- 
son to  vote  or  hold  office  except  in  school  elections  or  elec- 
tions creating  indebtedness. 

Municipal  Bond  Elections:  This  section  authorizes  the  imposition, 
in  a  municipal  charter,  of  a  property  qualification  on  the  right  to  vote 
on  a  proposition  for  the  incurrence  of  an  indebtedness.  Wiggin  v. 
Lewiston  (1902)  8  I.  527,  69  P.  286. 

Irrigation  District  Elections:  An  act  fixing  a  property  qualifi- 
cation for  voters  at  irrigation  district  elections  other  than  elections 
creating  indebtedness  is  in  violation  of  this  section.  Pioneer  Irr.  Dist. 
vs.  Walker  (1911)  20  I.  605,  119  P.  304;  Bissett  v.  Pioneer  Irr.  Dist. 
(1912)  21  I.  98,  120  P.  461. 

Drainage  District  Elections:  An  act  making  the  ownership  of  real 
estate  within  the  limits  of  a  drainage  district  the  only  qualification 
for  voters  is  in  violation  of  the  constitution.  Ferbrache  v.  Drainage 
Dist.  (1912)  23  I.  85,  128  P.  553;  44  L.  R.  A.  (N.  S.)  538,  Ann.  Cas. 
1915C,  43. 

ARTICLE  III. 

SEC.  19.  Local  and  Special  Laws  Prohibited.  The  Legis- 
lature shall  not  pass  local  or  special  laws  in  any  of  the  fol- 
lowing enumerated  cases,  that  is  to  say  : 

Providing  for  and  conducting  elections,  or  designating  the 
place  of  voting. 

Regulation  of  Elections:  The  local  option  law  ('09,  p.  9)  does  not 
violate  this  section.  Vesting  election  registrars  with  discretionary 
power  to  fix  days,  for  special  election,  in  addition  to  those  fixed  by 


6  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

general  statute  for  receiving  applications  for  registration  not  a  local 
or  special  law.  Gillesby  v.  Comrs.  of  Canyon  Co.  (1910)  17  I.  586, 
598,  107  P.  71. 

ARTICLE  VI. 

SEC.  1.  Secret  Ballot  Gwranteed.  All  elections  by  the 
people  must  be  by  ballot.  An  absolutely  secret  ballot  is  here- 
by guaranteed,  and  it  shall  be  the  duty  of  the  Legislature 
to  enact  such  laws  as  shall  carry  this  section  into  effect. 

Numbering  Ballots:  Under  the  provisions  of  Sec.  1,  Art.  6,  of 
the  State  Constitution,  it  would  not  be  within  the  power  of  the  Legis- 
lature to  authorize  and  direct  the  numbering  of  ballots  to  be  used 
in  an  election. 

McGrane  v.  Nez  Perce  Co.,  18  I.  714,  112  P.  312,  32  L.  R.  A.  (N.  S.) 
730. 

There  is  no  separate  or  distinct  qualification  provided  by  the  con- 
stitution for  voters  at  elections  held  in  counties,  cities,  villages  or 
other  municipalities.  To  all  such  elections,  Sees.  1  and  2  of  Art.  6 
apply. 

Pioneer  Irr.  Dist.  v.  Walker,  20  I.  605,  612;  119  P.  304. 

SEC.  2.  Qualifications  of  Electors.  Except  as  in  this  ar- 
ticle otherwise  provided,  every  male  or  female  citizen  of  the 
United  States,  twenty-one  years  old,  who  has  actually  resid- 
ed in  this  state  or  territory  for  six  months,  and  in  the 
county,  where  he  or  she  offers  to  vote,  thirty  days  next  pre- 
ceding the  day  of  election,  if  registered  as  provided  by  law, 
is  a  qualified  elector;  and  until  otherwise  provided  by  the 
Legislature,  women  who  have  the  qualifications  prescribed 
in  this  article  may  continue  to  hold  such  school  offices  and 
vote  at  such  school  elections  as  provided  by  the  laws  of 
Idaho  Territory. 

Cited:  Powell  vs.  Spackman,  7  I.  693;  65  P.  503.  Knight  v.  Trigg, 
16  I.  256;  100  P.  1060. 

Registration:  Section  2,  Art.  6  of  the  constitution  of  this  state 
commits  the  subject  of  registration  of  voters  entirely  to  the  Legisla- 
ture, and  fully  authorizes  the  Legislature  to  enact  such  registration 
law  as  it  deems  wise;  provided,  of  course,  such  law  in  no  way  contra- 
venes any  constitutional  right  of  the  elector. 

Gillesby  v.  Board,  17  I.  586;  107  P.  71. 

Registration:  Irregularities:  A  strict  literal  compliance  with 
registration  law  will  not  be  required  in  the  absence  of  fraud  or  in- 
tentional wrongdoing.  Huf faker  v.  Edgington  (1917)  30  I.  179;  163 
P.  793. 

Registration  Unnecessary:  Registration  is  not  a  substantive  qual- 
ification of  an  elector  in  this  state.  Registration  is  intended  only  as 
a  regulation  of  the  exercise  of  the  right  of  suffrage  and  not  as  a 
qualification  for  such  right.  The  terms  "elector"  and  "qualified 
elector"  are  used  interchangeably,  and  an  elector  is  a  qualified  elec- 
tor (Quarles,  J.,  dissents.) 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  7 

Wilson  vs.  Bartlett,  7  I.  271;  62  P.  416. 

There  is  no  constitutional  requirement  that  registration  must  be 
had  for  elections  in  special  municipal  corporations  created  by  legis- 
lative enactment  such  as  irrigation  districts,  drainage  districts  and 
good  road  districts  and  such  registration  is  entirely  left  to  the  Legis- 
lature. Shoshone  Highway  Dist.  v.  Anderson  (1912)  22  I.  109,  126; 
125  P.  219. 

Bond  Elections:  This  section  only  prescribes  the  qualifications  of 
a  voter  at  a  general  election,  and  is  not  infringed  by  a  provision  of 
a  municipal  charter  imposing  a  property  qualification  on  the  right  to 
vote  on  the  question  of  incurring  a  municipal  indebtedness. 

Wiggin  v.  Lewiston,  8  I.  527;  69  P.  286. 

Disqualifications:  No  disqualification  to  hold  office  on  account 
of  sex  which  may  exist  under  this  section,  can  be  raised  in  a  pro- 
ceeding, instituted  after  the  wrongful  removal  of  the  officer,  to  com- 
pel her  to  deliver  the  papers  of  the  office  to  her  alleged  successor. 

Village  of  Kendrick  v.  Nelson,  13  I.  244 ;  89  P.  755. 

SEC.  3.  Disqualification  of  Certain  Persons.  No  person 
is  permitted  to  vote,  serve  as  a  juror,  or  hold  any  civil  office 
who  is  under  guardianship,  idiotic  or  insane,  or  who  has,  at 
any  place,  been  convicted  of  treason,  felony,  embezzlement 
of  the  public  funds,  bartering  or  selling,  or  offering  to  barter 
or  sell  his  vote,  or  purchasing  or  offering  to  purchase  the 
vote  of  another,  or  other  infamous  crime,  and  who  has  not 
been  restored  to  the  rights  of  citizenship,  or  who  at  the  time 
of  such  election  is  confined  in  prison  on  conviction  of  a  crim- 
inal offense,  or  who  is  a  bigamist  or  polygamist,  or  is  living 
in  what  is  known  as  patriarchal,  plural  or  celestial  mar- 
riage, or  in  violation  of  any  law  of  this  State,  or  of  the  Unit- 
ed States,  forbidding  any  such  crime ;  or  who  in  any  manner 
teaches,  advises,  counsels,  aids  or  encourages  any  person  to 
enter  into  bigamy,  polygamy,  or  such  patriarchal,  plural,  or 
celestial  marriage,  or  to  live  in  violation  of  any  such  law,  or 
to  commit  any  such  crime;  or  who  is  a  member  of,  or  con- 
tributes to  the  support,  aid,  or  encouragement  of  any  order, 
organization,  association,  corporation  or  society,  which 
teaches,  advises,  counsels,  encourages  or  aids  any  person  to 
enter  into  bigamy,  polygamy  or  such  patriarchal,  plural  or 
celestial  marriage,  or  which  teaches  or  advises  that  the  laws 
of  this  State  prescribing  rules  of  civil  conduct,  are  not  the 
supreme  law  of  the  State;  nor  shall  Chinese  or  persons  of 
Mongolian  descent  not  born  in  the  United  States,  nor  In- 
dians not  taxed,  who  have  not  severed  their  tribal  relations 
and  adopted  the  habits  of  civilization,  either  vote,  serve  as 
jurors,  or  hold  any  civil  office. 

Cited:  Powell  v.  Spackman,  7  I.  693;  65  P.  503.  Adams  v.  Lans- 
don,  18  I.  483;  110  P.  280.  Griffith  v.  Owens,  30  I.  647;  166  P.  922. 


8  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Requirement  of  Test  Oath:  This  section  is  not  violated  by  an  act 
of  February  25,  1891,  prescribing  a  test  oath  containing  conditions 
of  suffrage  additional  to  those  prescribed  by  this  section. 

Shepherd  v.  Grimmett,  3  I.  403 ;  31  P.  793. 

SEC.  4.  Legislature  May  Prescribe  Additional  Qualifica- 
tions. The  Legislature  may  prescribe  qualifications,  limita- 
tions and  conditions  for  the  right  of  suffrage,  additional  to 
those  prescribed  in  this  article,  but  shall  never  annul  any  of 
the  provisions  in  this  article  contained. 

Cited:  Powell  v.  Spackman  (1901)  7  I.  693;  65  P.  503;  54  L.  R.  A. 
378;  Toncray  v.  Budge  (1908)  14  I.  621;  95  P.  26;  Pioneer  Irr.  Dist. 
v.  Walker  (1911)  20  I.  605;  119  P.  304;  Ferbrache  v.  Drainage  Dist. 
(1912)  23  I.  85;  128  P.  553;  44  L.  R.  A.  (N.  S.)  538;  Ann.  Gas. 
1915C  43;  Griffith  v.  Owens  (1917)  30  I.  647;  166  P.  922. 

Requirement  of  Test  Oath:  This  section  authorizes  the  Legisla- 
ture to  prescribe  a  test  oath  as  a  condition  of  suffrage,  embracing 
clauses  additional  to  those  contained  in  Sec.  3  of  this  Art.  Shepherd 
v.  Grimmett  (1892)  3  I.  408;  31  P.  793. 

Property  Qualifications :  This  section  is  sufficiently  broad  to  em- 
power the  Legislature  to  prescribe  property  qualifications  on  the  right 
to  vote  in  elections  to  create  an  indebtedness.  Wiggin  v.  Lewiston 
(1902)  8  I.  527;  69  P.  286. 

First  and  Second  Choice:  Under  our  constitution  the  Legislature 
has  the  right  to  prescribe  the  "limitations  and  conditions"  under  which 
the  right  of  suffrage  may  be  exercised,  and  it  was  within  the  legisla- 
tive discretion  and  power  to  say  to  every  citizen  that  he  shall  under 
certain  circumstances,  if  he  votes  at  all,  indicate  both  a  first  and  sec- 
ond choice  for  an  officer.  Adams  v.  Lansdon  (1910)  18  I.  483;  110 
P.  280. 

SEC.  5.  Residence  for  Voting  Purposes  Not  Lost  or 
Gained.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence  by  reason  of  his  presence 
or  absence  while  employed  in  the  service  of  this  State,  or  of 
the  United  States,  nor  while  engaged  in  the  navigation  of 
the  waters  of  this  State  or  of  the  United  States,  nor  while  a 
student  of  any  institution  of  learning,  nor  while  kept  at  any 
almshouse  or  other  asylum  at  the  public  expense. 

Inmates  of  Soldiers'  Home:  Under  the  provisions  of  this  section, 
inmates  of  the  Soldiers'  Home  cannot  acquire,  by  reason  of  their  pre- 
sence in  such  Soldiers'  Home,  and  while  kept  at  public  expense,  the 
right  to  vote  in  the  county  and  precinct  in  which  such  institution  is 
located.  (Sullivan,  J.,  dissents.) 

Powell  v.  Spackman,  7  I.  693;  65  P.  503. 

SEC.  6.  Recall  of  Officers  Authorized.  Every  public  offi- 
cer in  the  State  of  Idaho,  excepting  the  Judicial  officers,  is 
subject  to  recall  by  the  legal  voters  of  the  State  or  of  the 
electoral  district  from  which  he  is  elected.  The  Legislature 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  9 

shall  pass  the  necessary  laws  to  carry  this  provision  into 
effect. 

Adopted  November  5,  1912.  See  Laws  1911,  p.  790;  Laws  1913, 
p.  677. 

ARTICLE  XVIII. 

SEC.  2.  Removal  of  County  Seats.  No  county  seat  shall 
be  removed  unless  upon  petition  of  a  majority  of  the  quali- 
fied electors  of  the  county,  and  unless  two-thirds  of  the  qual- 
ified electors  of  the  county,  voting  on  the  proposition  at  a 
general  election,  shall  vote  in  favor  of  such  removal.  A  prop- 
osition of  removal  of  the  county  seat  shall  not  be  submitted 
in  the  same  county  more  than  once  in  six  years,  except  as 
provided  by  existing  laws.  No  person  shall  vote  at  any 
county  seat  election,  who  has  not  resided  in  the  county  six 
months,  and  in  the  precinct  ninety  days. 

Cited:  (Con.  op.)  P.  v.  George  (1891)  3  I.  72;  26  P.  938;  (Con. 
op.)  Green  v.  S.  Bd.  of  Canvassers  (1896)  5  I.  130;  47  P.  259.  Mc- 
Donald v.  Doust  (1905)  11  I.  14;  81  P.  60;  Lippincott  v.  Carpenter 
(1912)  221.  675;  127  P.  557. 

Application:  The  limitations  imposed  by  this  section  on  the  re- 
moval of  a  county  seat,  apply  only  to  the  removal  of  a  county  seat 
which  has  been  permanently  fixed,  and  do  not  prohibit  the  Legisla- 
ture from  temporarily  locating  the  seat  of  a  new  county,  and  further 
providing,  in  the  act  of  creating  the  county,  for  an  election  on  the 
question  of  permanent  location  of  the  county  seat.  Doan  v.  Board  of 
Comrs.  (1891)  3  I.  38;  26  P.  167. 

This  section  does  not  apply  to  the  location  of  a  permanent  county 
seat  upon  the  organization  of  a  new  county,  but  does  apply  to  the  re- 
moval of  a  county  seat.  Leach  v.  Nez  Perce  (1913)  24  I.  322;  133 
P.  926. 

Signers  of  Petition:  The  framers  of  the  constitution  did  not  in- 
tend to  prescribe  a  rule  by  which  a  majority  of  the  qualified  electors, 
contemplated  by  this  section  as  signers  of  a  petition  for  the  removal 
of  a  county  seat,  should  be  ascertained,  but  left  that  the  rule  to  be  es- 
tablished by  the  Legislature,  as  was  done  in  '99,  p.  41,  Sec.  6,  pro- 
viding for  county  seat  elections,  and  by  which  the  qualified  electors 
who  sign  the  petition  need  not  be  registered  voters.  (Quarles,  J.,  dis- 
sents.) Wilson  v.  Bartlett  (1900)  7  I.  271;  62  P.  416. 

SEC.  3.  Division  of  Counties.  No  county  shall  be  divided 
unless  a  majority  of  the  qualified  electors  of  the  territory 
proposed  to  be  cut  off,  voting  on  the  proposition  at  a  general 
election,  shall  vote  in  favor  of  such  division :  Provided,  That 
this  section  shall  not  apply  to  the  creation  of  new  counties. 
No  person  shall  vote  at  such  election  who  has  not  been  ninety 
days  a  resident  of  the  territory  proposed  to  be  annexed. 
When  any  part  of  a  county  is  stricken  off  and  attached  to 


10  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

another  county,  the  part  stricken  off  shall  be  held  to  pay  its 
ratable  proportion  of  all  then  existing  liabilities  of  the  coun- 
ty from  which  it  is  taken. 

Cited:  Sabin  v.  Curtis  (1893)  3  I.  662;  32  P.  1130.  McDonald 
v.  Doust  (1905)  11  I.  14;  81  P.  60.  Blake  v.  Jacks  (1910)  18  I.  70; 
108  P.  534;  139  A.  S.  R.  177;  27  L.  R.  A.  (N.  S.)  1147.  Leach  v. 
Nez  Perce  (1913)  24  I.  322;  133  P.  926,  (Erroneously  for  VIII,  3, 
in  syllabus).  Ind.  H.  Dist.  No.  2  v.  Ada  Co.  (1913)  24  I.  416;  134 
P.  542. 

Division  of  Territory:  This  section  prohibits  cutting  off  terri- 
tory from  one  county  and  annexing  it  to  another  without  submitting 
the  proposition  to  popular  vote,  under  the  guise  of  an  act  purport- 
ing to  create  two  new  counties  from  the  territory  previously  belong- 
ing to  two  existing  counties,  and  so  changing  the  boundary  line  be- 
tween them  as  to  give  one  of  the  counties  a  strip  of  territory  which 
previously  belonged  to  the  other  The  act  of  March  3,  1891,  pur- 
porting to  create  and  organize  the  counties  of  Alta  and  Lincoln  was 
held  on  this  ground  to  be  unconstitutional.  (Sullivan,  C.  J.,  dissents.) 
P.  ex  rel.  Lincoln  Co.  v.  George  (1891)  3  I.  72;  26  P.  983. 

Creation  of  New  Counties:  This  section  and  the  following  one 
expressly  authorize  the  creation  of  new  counties,  and  in  the  creation 
of  such  a  county,  the  Legislature  may  make  any  provision  necessary 
to  the  complete  organization  of  that  county  not  specifically  prohibited 
by  the  constitution,  and  may  provide  for  the  apportionment  of  the 
debt  of  the  original  county  and  for  transcribing  the  records.  Bannock 
Co.  v.  Bunting  (1894)  4  I.  156;  37  P.  277. 

Liability  of  Detached  Territory:  This  section  continues  the  liabil- 
ity of  territory,  detached  from  one  county  and  annexed  to  another, 
for  its  ratable  proportion  of  the  debts  of  the  mother  county,  and  pro- 
hibits the  Legislature  from  imposing  such  indebtedness  on  the  county 
to  which  the  detached  territory  is  annexed  (Sullivan,  J.,  disents.) 
Shoshone  Co.  v.  Profitt  (1906)  11  I.  763;  84  P.  712. 

ARTICLE  XX. 

AMENDMENTS. 

SEC.  1.  How  Amendments  May  Be  Proposed.  Any 
amendment  or  amendments  to  this  constitution  may  be  pro- 
posed in  either  branch  of  the  Legislature,  and  if  the  same 
shall  be  agreed  to  by  two-thirds  of  all  the  members  of  each 
of  the  two  houses,  voting  separately,  such  proposed  amend- 
ment or  amendments  shall,  with  the  yeas  and  nays  thereon, 
be  entered  on  their  journals,  and  it  shall  be  the  duty  of  the 
Legislature  to  submit  such  amendment  or  amendments  to 
the  electors  of  the  state  at  the  next  general  election,  and 
cause  the  same  to  be  published  without  delay  for  at  least  six 
consecutive  weeks,  prior  to  said  election,  in  not  less  than  one 
newspaper  of  general  circulation  published  in  each  county; 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  11 

and  if  a  majority  of  the  electors  shall  ratify  the  same,  such 
amendment  or  amendments  shall  become  a  part  of  this  con- 
stitution. 

Cited:  Holmberg  v.  Jones  (1901)  7  I.  752;  65  P.  563.  Lansdon 
v.  S.  Bd.  of  Canvassers  (1910)  18  I.  596;  111  P.  133.  Bloomquist 
v.  Comrs.  of  Bannock  Co.  (1913)  25  I.  284;  137  P.  174. 

Proposal  of  Amendments:  An  amendment  to  the  constitution  may 
be  proposed  by  joint  resolution  and  need  not  be  presented  to  the  peo- 
ple by  a  formal  statute.  Hays  v.  Hays  (1897)  5  I.  154;  47  P.  732. 

The  provisions  in  this  section  with  reference  to  entering  the  pro- 
posed amendment  or  amendments,  together  with  the  yea  and  nay  vote 
thereon,  upon  the  journal,  are  mandatory.  McBee  v.  Brady  (1909) 
15  I.  761;  100  P.  97. 

Form  of  Amendments:  While  the  constitution  prescribes  no  par- 
ticular method  01-  form  for  proposing  and  submitting  amendments 
to  the  constitution,  the  better  course  to  pursue  is  to  indicate  in  the 
resolution  proposing  the  amendment  the  particular  matter  to  be  in- 
serted or  omitted  as  an  amendment,  and  the  particular  place  in  the 
section  the  amendment  is  to  be  inserted.  McBee  v.  Brady  (1909) 
15  I.  761:  100  P.  97. 

The  constitutional  provisions  for  amending  statutes  (III,  18) 
do  not  apply  to  constitutional  amendments.  Ib. 

The  Legislature  has  no  power  to  incorporate  in  a  joint  ressolution 
proposing  amendments  to  the  constitution,  any  matter  except  the 
amendment  proposed  and  the  question  and  manner  of  submitting  the 
same.  Ib. 

Where  a  section  of  the  constitution  is  amended  at  the  same  time 
by  two  different  amendments,  and  the  amendments  adopted  are  di- 
rectly in  conflict,  and  it  is  impossible  to  determine  which  should  stand 
as  a  part  of  the  constitution,  or  to  reconcile  the  same,  they  both  must 
fail.  Ib. 

Adoption  of  Amendments:  Where  a  majority  of  electors  voting 
upon  rhe  question  of  amendment  of  the  constitution,  vote  in  favor  of 
the  amendment,  the  amendment  is  ratified,  although  the  votes  thus 
cast  are  not  a  majority  of  the  votes  cast  at  the  general  election  for 
state  officers.  Green  v.  S.  Bd.  of  Canvassers  (1896)  5  I.  130;  47 
P.  259. 

Canrass  of  Returns:  Where  the  state  board  of  canvassers  can- 
vass the  votes  on  a  proposed  amendment  to  the  constitution  and  de- 
clare that  a  majority  of  the  votes  were  cast  in  favor  of  the  amend- 
ment, stating  the  number  for  and  against  it,  it  is  not  necessary  that 
the  board  should  further  declare,  in  terms,  as  to  whether  the  amend- 
ment was  carried.  Hays  v.  Hays  (1897)  5  I.  154;  47  P.  732. 

Time  of  Taking  Effect:  Upon  the  ratification  of  an  amendment 
it  becomes  a  part  of  the  constitution,  and  while  the  Legislature  might 
propose  an  amendment  which  in  itself  provides  for  the  time  it  would 
become  operative,  yet  unless  such  time  is  incorporated  in  the  amend- 
ment itself,  the  Legislature  has  no  authority  to  fix  a  time  different 
from  that  prescribed  by  the  constitution.  McBee  v.  Brady  (1909) 
15  I.  761;  100  P.  97. 

Validity  of  Amendments:  In  determining  the  validity  or  consti- 
tutionality of  a  constitutional  amendment,  the  court  will  not  concern 


12  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

itself  with  the  justice  or  wisdom  of  the  amendment,  and  will  presume 
that  the  Legislature  acted  regularly  in  submitting  the  same  to  the 
voters  of  the  state,  and  will  uphold  and  sustain  such  amendment  un- 
less it  appears  that  the  same  has  not  been  proposed,  submitted  and 
adopted  in  accordance  with  the  provisions  of  the  constitution.  McBee 
v.  Brady  (1909)  15  I.  761;  100  P.  97. 

A  question  submitted  as  a  constitutional  amendment  does  not 
become  a  constitutional  amendment  unless  submitted  and  adopted  in 
accordance  with  the  provisions  of  the  constitution.  Utter  v.  Moseley 
(1909)  16  I.  274;  100  P.  1058;  133  A.  S.  R.  94;  18  Ann  Gas.  723. 

SEC.  2.  Submission  of  Several  Amendments.  If  two  or 
more  amendments  are  proposed,  they  shall  be  submitted  in 
such  manner  that  the  electors  shall  vote  for  or  against  each 
of  them  separately. 

Cited:       Green  v.  S.  Bd.  of  Canvassers  (1896)  5  I.  130;  47  P.  259. 

Mandatory:  This  provision  is  mandatory.  McBee  v.  Brady 
(1909)  15  I.  761;  100  P.  97. 

Separate  Amendments:  All  changes  which  relate  to  one  subject 
and  accomplish  a  single  purpose,  shall  be  treated,  recognized  and 
submitted  as  a  single  amendment.  Under  this  provision  of  the  con- 
stitution the  Legislature  can  not  incorporate  into  a  single  amend- 
ment several  distinct  and  independent  subjects  and  submit  the  same 
as  a  single  amendment.  The  determination  of  the  question  as  to 
whether  a  proposed  change  or  changes  in  the  constitution  constitutes 
one  or  more  amendments,  depends  upon  whether  the  change  as  pro- 
posed relates  to  one  subject  and  accomplishes  a  single  purpose.  If  it 
does  not,  then  there  are  as  many  amendments  as  there  are  independent 
subjects,  and  it  matters  not  whether  the  proposed  change  affects  one 
or  many  sections  or  articles  of  the  constitution.  McBee  v.  Brady 
(1909)  15  I.  761;  100  P.  97. 

SEC.  3.  Revision  or  Amendment  by  Convention.  When- 
ever two-thirds  of  the  members  elected  to  each  branch  of  the 
Legislature  shall  deem  it  necessary  to  call  a  convention  to  re- 
vise or  amend  this  constitution,  they  shall  recommend  to  the 
electors  to  vote  at  the  next  general  election  for  or  against  a 
convention,  and  if  a  majority  of  all  the  electors  voting  at  said 
election  shall  have  voted  for  a  convention,  the  Legislature 
shall  at  the  next  session  provide  by  law  for  calling  the  same ; 
and  such  convention  shall  consist  of  a  number  of  members 
not  less  than  double  the  number  of  the  most  numerous 
branch  of  the  Legislature. 

Cited:  Green  v.  S.  Bd.  of  Canvassers  (1896)  5  I.  130;  47  P.  259. 
Holmberg  v.  Jones  (1901)  7  I.  752;  65  P.  563.  McBee  v.  Brady  (1909) 
15  I.  761;  100  P.  97.  Blomquist  v.  Comrs.  of  Bannock  Co.  (1913) 
25  I.  284;  137  P.  174. 

SEC.  4.  Submission  of  Revised  Constitution  to  People. 
Any  constitution  adopted  by  such  convention,  shall  have  no 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  13 

validity  until  it  has  been  submitted  to,  and  adopted  by,  the 
people. 

Cited-  Green  v.  S.  Bd.  of  Canvassers  (1896)  5  I.  130;  47  P.  259. 
Holmberg-  v.  Jones  (1901)  7  I.  762;  65  P.  563.  McBee  v.  Brady  (1909) 
15  I.  761;  100  P.  97. 

CHAPTER  II. 

COMPILED  STATUTES  OF    IDAHO,    TITLE    IV., 
ELECTIONS  CHAPTER  25. 

GENERAL  PROVISIONS. 

SEC.  488.  Application  of  Title.  The  provisions  hereinaf- 
ter enacted  shall  regulate  and  govern  all  elections  hereafter 
held  in  the  State  of  Idaho  for  election  of  all  officers  provided 
for  by  the  constitution  and  the  laws  of  the  State  of  Idaho, 
at  either  general  or  special  elections,  except  school  district 
elections,  and  such  other  elections  as  are  in  these  codes  else- 
where specially  provided  for; 

Cited:  Hertle  v.  Ball,  9  I.  193;  72  P.  953.  Cunningham  v.  George, 
3  I.  456;  31  P.  809.  Sabin  v.  Curtis,  3  I.  662;  32  P.  1130.  Shoshone 
Highway  Dist.  v.  Anderson,  22  I.  109;  125  P.  219. 

District  Elections:  Registration  is  not  required  for  highway  dis- 
trict and  other  similar  elections.  Shoshone  Highway  dist.  v.  Ander- 
son (1912)  22  I.  109;  125  P.  219. 

SEC.  489.  Distribution  of  Copies  of  Law.  It  shall  be  the 
duty  of  the  Secretary  of  State  to  cause  to  be  published  in 
pamphlet  form  and  distributed,  through  the  county  auditors 
of  the  respective  counties,  a  sufficient  number  of  copies  of 
this  law,  and  of  such  other  laws  as  bear  upon  the  subject  of 
elections,  as  will  place  a  copy  thereof  in  the  hands  of  all  offi- 
cers of  elections. 

SEC.  490.  Privilege  from  Arrest.  Electors  are  privileged 
from  arrest  except  for  treason,  felony,  or  breach  of  the 
peace,  during  their  attendance  on  election. 


CHAPTER  III. 

COMPILED  STATUTES,  CH.  26. 
TIME  FOR  HOLDING  ELECTIONS. 

SEC.  491.  Time  for  Holding  Elections.  A  general  election 
shall  be  held  in  the  several  precincts  in  this  state  on  the 
Tuesday  succeeding  the  first  Monday  of  November,  A.  D. 


14  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

1920,  and  on  the  Tuesday  succeeding  the  first  Monday  of 
November  every  alternate  year  thereafter. 

Hist.     C.  L.  Sec.  347. 

Definition:  The  "general  election"  is  the  election  at  which  all 
state  officers  are  elected;  whether  an  election  is  general  or  special 
is  determined,  not  by  the  date  on  which  it  is  held  nor  the  authority 
which  designates  such  date,  but  by  the  character  of  the  election.  Doan 
v.  Comrs.  of  Logan  Co.  (1891)  3  I.  38;  26  P.  167.  The  words  "general 
election"  as  generally  used  in  constitutions  and  statutes  have  refer- 
ence to  general  elections  held  for  the  purpose  of  electing  state  and 
county  officers.  Kessler  v.  Fritchman  (1911)  21  I.  30;  119  P.  692; 
Ann.  Cas.  1912C  1002;  see  also  dis.  op.  21  I.  58. 

SEC.  492.  Officers  to  Be  Elected :  County  Officers.  At 
the  general  election,  A.  D.  1922,  and  every  fourth  year  there- 
after, there  shall  be  elected  in  every  county  of  the  state,  a 
clerk  of  the  district  court,  who  is  ex-officio  auditor  and  re- 
corder, and  at  the  general  election,  A.  D.  1920,  and  every  al- 
ternate year  thereafter,  there  shall  be  elected  in  every  county 
in  the  state,  the  following  officers,  to-wit:  Three  county 
commissioners ;  a  sheriff ;  county  treasurer,  who  is  ex-officio 
public  administrator,  and  also  ex-officio  tax  collector;  pro- 
bate judge;  county  superintendent  of  public  instruction;  a 
prosecuting  attorney;  a  county  assessor;  one  coroner  and 
one  surveyor. 

Hist.  C.  L.  Sec.  348,  modified  by  Const.  XVIII,  6,  as  am.  13, 
p.  677. 

Cited:  Castle  v.  Bannock  Co.  (1901)  8  I.  124;  67  P.  35.  (dis. 
op.)  Kessler  v.  Fritchman  (1911)  21  I.  30,  58;  119  P.  692;  Ann. 
Cas.  1912C  1002. 

Vote  for  Commissioners:  While  commissioners  are  elected  one 
from  each  district,  the  voters  of  the  whole  county  should  cast  their 
votes  for  each  of  the  commissioners  and  all  the  votes  so  cast  should 
be  counted  in  determining  who  is  elected  to  the  board.  Cunningham 
v.  George  (1892)  3  I.  456;  31  P.  809. 

SEC.  493.  Same :  State  Officers.  At  the  general  election 
A.  D.  1920,  and  every  alternate  year  thereafter,  there  shall 
b  elected  the  following  state  officers,  to-wit :  One  governor ; 
one  lieutenant  governor;  one  secretary  of  state;  one  state 
trasurer;  one  state  auditor;  one  superintendent  of  public 
instruction;  one  attorney  general;  and  one  inspector  of 
mines ;  and  in  each  representative  and  senatorial  district  of 
the  state  such  representatives  and  senators  as  they  may  sev- 
erally be  entitled  to. 

Hist.     C.  L.  Sec.  349. 

Cited:  (dis.  op.)  Kessler  v.  Fritchman  (1911)  21  I.  30;  119  P. 
692;  Ann.  Cas.  1912C  1002. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  15 

SEC.  494.  United  States  Senators  and  Members  of  Con- 
gress. At  the  general  election,  A.  D.  1920,  and  every  six 
years  thereafter  and  at  the  general  election,  A.  D.  1924,  and 
every  six  years  thereafter,  there  shall  be  elected  a  United 
States  senator. 

At  the  general  election,  A.  D.  1920,  and  every  alternate 
year  thereafter,  there  shall  be  elected  in  each  congressional 
district,  a  representative  in  congress  arid  any  additional 
number  of  representatives  in  congress  to  which  the  state 
may  be  entitled  in  the  state  at  large.  ^ 

Hist.  Compiled  as  to  senators  from  'IS,  c.  114,  p.  433;  as  to  rep- 
resentatives from  the  latter  part  of  C.  L.  Sec.  349,  as  modified  by 
'17,  c.  121,  p.  408. 

SEC.  495.  Same:  Judges.  At  the  general  election,  A.  D. 
1920,  and  every  alternate  year  thereafter,  there  shall  be 
elected  one  justice  of  the  supreme  court. 

At  the  general  election,  A.  D.  1922,  and  every  fourth  year 
thereafter,  there  shall  be  elected  district  judges  in  the  sev- 
eral judicial  districts  as  follows: 

In  the  first,  second,  sixth,  ninth,  and  tenth  districts,  one 
district  judge. 

In  the  third,  fourth,  fifth,  seventh,  and  eighth  districts, 
two  district  judges. 

Hist.     Compiled  from  C.  L.  Sec.  350. 

'  Cited:  (dis.  op.)  Kessler  v.  Fritchman  (1911)  21  I.  30;  119  P. 
692;  Ann.  Cas.  1912C  1002.  Joy  v.  Gifford  (1912)  22  I.  301;  125 
P.  181. 

SEC.  496.  Same :  Presidential  Electors.  At  the  general 
election,  A.  D.  1920,  and  every  fourth  year  thereafter,  there 
shall  be  elected  such  a  number  of  electors  of  president  and 
vice  president  of  the  United  States  as  the  state  may  be  en- 
titld  to  in  the  electoral  college. 

Hist.     C.  L.  Sec.  351. 

Cited:  (dist.  op.)  Kessler  v.  Fritchman  (1911)  21  I.  30;  119  P. 
692;  Ann.  Cas.  1912C  1002.  S.  vs.  Gifford  (1912)  22  I.  613;  126  P. 
1060. 

SEC.  497.  Precinct  Officers.  At  the  general  election  A.  D. 
1920,  and  every  alternate  year  thereafter,  there  shall  be 
elected  in  each  justice's  precinct,  except  wards  in  incorpo- 
rated cities,  two  justices  of  the  peace  and  one  constable,  and 
all  other  officers,  not  herein  specified,  that  now  are,  or  here- 


16  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

after  may  be,  created  shall,  unless  otherwise  provided,  be 
elected  on  the  day  of  the  general  election.    Hist  C.  L.  352. 

Cited:  Kessler  v.  Fritchman  (dis.  op.)  21  I.  30;  119  P.  692.  S. 
v.  Vineyard,  9  I.  134;  72  P.  824. 

Justices  in  Cities:  This  section  has  no  application  to  the  forma- 
tion of  justices'  precincts  and  the  provision  for  the  election  of  two 
justices  in  all  precincts  "except  wards  in  incorporated  cities,"  does 
not  constitute  such  wards  justices'  precincts,  nor  prohibit  the  county 
commissioners  from  establishing  precincts  within  such  cities.  John- 
ston v.  Savidge,  11  1.  204;  81  P.  616. 

Johnston  v.  Savidge,  11  I.  204;  81  P.  616. 


CHAPTER  IV. 

COMPILED  STATUTES,  CH.  27. 
NOTICE  OF  ELECTION. 

SEC.  498.  Election  Proclamation.  At  least  forty  days  be- 
fore each  general  election,  and  whenever  he  orders  a  special 
election,  the  Governor  must  issue  an  election  proclamation 
under  his  hand  and  the  great  seal  of  the  State  of  Idaho,  and 
transmit  copies  thereof  to  the  board  of  commissioners  of  the 
counties  in  which  such  elections  are  to  be  held. 

Hist.     C.  L.  353. 

Cited:  Kessler  v.  Fritchman,  (dis.  op.)  21  I.  30;  119  P.  692. 
Budge  v.  Gifford  (1914)  26  I.  521,  527;  144  P.  333. 

SEC.  499.  Notices  of  Election.  The  clerks  of  the  several 
boards  of  county  commissioners  must,  at  least  twenty  days 
before  any  general  election,  make  out  and  transmit  by  regis- 
tered mail  to  a  judge  of  election  of  each  election  precinct, 
three  notices  to  be,  as  nearly  as  circumstances  will  admit  of, 
as  follows : 

"Notice  is  hereby  given  that  on  the  Tuesday  following  the 
first  Monday  of  November  next,  (or  in  case  of  a  special  elec- 
tion state  the  date  thereof),  at  the  (here  designate  polling 

place)  in  the  county  of ,  an  election  will 

be  held  for  members  of  Congress,  State,  county,  district  and 
precinct  officers  (naming  the  candidates  and  offices  to  be 
filled  as  the  case  may  be)  (or  in  the  case  of  a  special  elec- 
tion the  question  to  be  voted  on)  which  election  shall  be  open 
at  eight  o'clock  in  the  morning  and  will  continue  until  seven 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  17 

o'clock  in  the  evening  of  the  same  day.    Dated  this 

day  of ,  A.  D.  19 _ 

(as  the  case  may  be) . 

(Signed)  

Clerk  of  the  Board  of  County  Commissioners." 

Hist.     C.  L.  354;  Laws  1913,  p.  376. 

SEC.  500.  Same :  Posting  Notices.  The  judge  of  election 
aforesaid  to  whom  such  notices  are  transmitted  as  afore- 
said, must  cause  to  be  posted,  in  three  of  the  most  public 
places  of  each  election  precinct,  the  notices  referring  to  such 
election  precinct,  at  least  fifteen  days  previous  to  the  time 
of  holding  any  general  election.  Said  notices  shall  be  posted 
as  follows :  One  at  the  house  or  place  where  the  election  is 
authorized  to  be  held,  and  the  other  at  two  of  the  most  pub- 
lic and  suitable  places  in  the  precinct. 

Hist.     C.  L.  355;  Laws  1913,  p.  377. 

.  SEC.  501.  Advertisement  of  Special  Questions.  Whenever 
a  proposed  Constitution  or  constitutional  amendment,  or 
other  question,  is  to  be  submitted  to  the  people  of  the  State 
for  popular  vote,  the  Secretary  of  State  shall  duly,  and  not 
less  than  thirty  days  before  election,  certify  the  same  to  the 
auditor  of  each  county  in  the  State.  Questions  to  be  sub- 
mitted to  the  people  of  a  county  or  municipality  shall  be  ad- 
vertised in  some  newspaper  of  general  circulation  in  the 
county  or  town  to  be  affected  at  least  twice,  and  twenty 
days  before  election. 

Hist.     C.  L.  356. 

Cross  Reference:  Publication  of  constitutional  amendments,  Con- 
stitution XX,  1. 

CHAPTER  V. 

COMPILED  STATUTES,  CH.  28. 
QUALIFICATIONS  OF  VOTERS. 

SEC.  502.  Qualifications  of  Voters.  Every  person  over 
the  age  of  twenty-one  years,  possessing  the  qualifications 
following,  shall  be  entitled  to  vote  at  all  elections :  He  shall 
be  a  citizen  of  the  United  States  and  shall  have  resided  in 
this  State  six  months  immediately  preceding  the  election  at 
which  he  offers  to  vote,  and  in  the  county  thirty  days :  Pro- 


18  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

vided,  That  no  person  shall  be  permitted  to  vote  at  any 
county  seat  election  who  has  not  resided  in  the  county  six 
months,  and  in  the  precinct  ninety  days,  where  he  offers 
to  vote;  nor  shall  any  person  be  permitted  to  vote  at  any 
election  for  the  division  of  the  county,  or  striking  off  from 
any  county  any  part  thereof,  who  has  not  the  qualifications 
provided  for  in  Section  3,  Article  18,  of  the  Constitution; 
nor  shall  any  person  be  denied  the  right  to  vote  at  any  school 
district  election,  nor  to  hold  any  school  district  office  on  ac- 
count of  sex. 

Hist.     C.  L.  357. 

Cross  Reference:  Qualifications  of  electors:  Const.  VI,  2  Legis- 
lature may  prescribe  qualifications  additional  to  those  prescribed  by 
the  constitution:  Const.  VI,  4. 

Application:  The  provisions  of  Sec.  357  of  the  R.  C.  (Sec.  502 
C.  S.)  refer  to  the  removal  of  a  county  seat  from  its  permanent  loca- 
tion, and  not  to  the  permanent  location  of  a  county  seat  where  the 
Legislature  has  temporarily  fixed  the  county  seat  of  a  new  county, 
and  left  it  with  the  electors  to  select  the  permanent  county  seat. 
Leach  v.  Village  of  Nez  Perce,  24  I.  322;  133  P.  926. 


SEC.  503.  Disqualifications.  No  person  is  permitted  to 
vote  who  is  under  guardianship  ,idiotic  or  insane,  or  who  has 
at  any  place  been  convcted  of  treason,  felony,  embezzlement 
of  public  funds,  bartering  or  selling,  or  offering  to  barter  or 
sell,  his  vote,  or  purchasing,  or  offering  to  purchase,  the 
vote  of  another,  or  other  infamous  crime,  and  who  has  not 
been  restored  to  the  right  of  citizenship,  or  who,  at  the  time 
of  such  election,  is  confined  in  prison  on  conviction  of  a 
criminal  offense. 

Hist.     C.  L.  358. 

Cross  Reference :  Similar  provision  with  additional  clauses  dis- 
franchising polygamists.  Const.  VI,  3. 

Test  Oath:  Constitutionality:  A  territorial  statute  withholding 
the  elective  franchise  from  polygamists  or  members  of  any  organi- 
zation which  teaches  or  encourages  polygamy,  and  prescribing  a  test 
oath  is  not  repugnant  to  the  federal  constitution.  Wooley  v.  Watkins, 
2  I.  590;  22  P.  102. 

SEC.  504.  Soldiers,  Sailors,  Students  and  Inmates  of  Asy- 
lums. For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence  by  reason  of  his  presence 
or  absence  while  employed  in  the  service  of  this  State  or  of 
the  United  States,  nor  while  engaged  in  the  navigation  of 
the  waters  of  this  State,  or  of  the  United  States,  nor  while  a 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  19 

student  of  any  institution  of  learning,  nor  while  kept  at  any 
almshouse  or  other  asylum  at  the  public  expense. 

Hist.     C.  L.  359. 

Cross  Reference:     Similar  provision:  Const.  VI,  5. 

SEC.  505.  Prostitutes  hnd  Inmates  of  Houses  of  Ill-Fame. 
No  common  prostitute,  or  person  who  keeps  or  maintains,  or 
is  interested  in  keeping  or  maintaining,  or  who  resides  in  or 
is  an  inmate  of,  or  frequents  or  habitually  resorts  to,  any 
house  of  prostitution  or  of  ill-fame,  or  any  other  house  or 
place  commonly  used  as  a  house  of  prostitution  or  of  ill- 
fame,  or  as  a  house  or  place  of  resort  of  lewd  persons  for  the 
purposes  of  prostitution  or  lewdness,  or  who,  being  male  and 
female,  do  lewdly  and  lasciviously  cohabit  together,  shall  be 
permitted  to  register  as  a  voter  or  to  vote  at  any  election  in 
this  State,  and  any  such  person  who  shall  so  register  or  vote, 
or  offer  or  attempt  to  so  register  or  vote,  shall,  on  conviction 
thereof,  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
six  months,  or  by  both  such  fine  and  imprisonment. 

Hist:     C.  L.  360. 

Indictable  Misdemeanor:  The  penalty  prescribed  by  this  section 
is  in  excess  of  the  jurisdiction  of  justices'  and  probate  courts,  and 
the  only  jurisdiction  such  courts  have  of  the  offense  defined  by  this 
section  is  to  hold  a  preliminary  examination  and  commit  the  accused 
for  trial  by  the  district  court.  State  v.  West,  20  I.  387;  118  P.  773. 

SEC.  506.  Same:  Examination  for  Registration.  When- 
ever any  person  within  any  of  the  prohibited  classes  men- 
tioned in  the  preceding  section  shall  offer  himself  or  herself 
for  registration,  it  shall  be  the  duty  of  the  registration  offi- 
cer, in  addition  to  offering  to  said  person  any  elector's  oath 
provided  by  law,  to  examine  such  person  as  to  his  or  her 
qualifications  under  the  preceding  section,  and  if  such  per- 
son is  not  qualified  by  reason  of  being  within  the  prohibted 
class,  it  shall  be  the  duty  of  the  registration  officer  to  refuse 
to  register  such  person,  and  the  registration  officer  shall 
keep  a  brief  memorandum  in  writing  showing  all  such  exam- 
inations and  his  determination  thereon. 

Hist.     C.  L.  361.     Laws  1913,  p.  377. 

SEC.  507.  Same:  Challenge  of  Proposed  Voter.  If  any 
person  within  any  of  the  prohibited  classes  mentioned  in 


20  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Section  505  shall  be  registered  and  shall  offer  to  vote,  he  or 
she  may  be  challenged  for  being  within  such  prohibited  class 
or  classes,  and  thereupon  such  person  shall  be  examined  as  to 
his  or  her  qualifications  under  said  section,  and  if  the  board 
of  election  is  satisfied  that  such  person  is  within  any  such 
prohibited  class,  his  or  her  vote  shall  not  be  received. 

Hist.     C.  L.  362. 

SEC.  508.  Same :  Penalty  for  False  Statement.  If  any  per- 
son within  any  of  the  prohibited  classes  mentioned  in  Section 
505  shall  make  any  false  answer  to  any  such  examination, 
either  by  such  registration  officer,  or  on  such  challenge  be- 
fore board  of  election,  it  shall  be  considered  and  held  to  be  a 
separate  and  distinct  offense  from  any  offense  mentioned  in 
Section  505,  and  on  conviction  thereof  such  person  shall  in 
addition  to  any  penalty  incurred  by  any  provision  of  said 
election,  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
six  months,  or  by  both  such  fine  and  imprisonment. 

Hist.     C.  L.  363.     Laws  1913,  p.  378. 


CHAPTER  VI. 

COMPILED  STATUTES,  CH.  29. 
ELECTION  PRECINCTS,  JUDGES  AND  CLERKS. 

SEC.  509.  Establishment  of  Election  Precincts.  The  board 
of  commissioners  of  each  county  must  establish  a  convenient 
number  of  election  precincts  therein. 

Hist.     C.  L.  364. 

SEC.  510.  Changing  Boundaries  of  Precincts.  The  Board 
may,  from  time  to  time,  change  the  boundaries  of,  create 
new  or  consolidate  established  precincts,  but  they  must  not 
alter  or  change  any  election  precinct  or  change  the  place  of 
holding  election  in  any  precinct  after  their  regular  July 
meeting  next  preceding  any  election:  Provided,  That  the 
precinct  established  and  the  places  designated  in  which  to 
hold  elections  at  the  time  of  the  taking  effect  of  this  chapter 
shall  so  remain  until  changed. 

Hist.     C.  L.  365.    Laws  1913,  p.  359. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  21 

SEC.  511.  Designation  and  Plan  of  Polling  Places.  The 
county  commissioners  of  each  county,  at  their  meeting  in 
July  next  preceding  any  general  election,  shall  designate  and 
appoint  suitable  polling  places,  throughout  the  county,  and 
shall  cause  the  same  to  be  suitably  provided  with  a  suffi- 
cient number  of  voting  shelves  or  compartments,  at  or  in 
which  voters  may  conveniently  mark  their  ballots,  so  that  in 
the  marking  thereof  they  may  be  screened  from  the  observa- 
tion of  others,  and  a  guard  rail  shall  be  so  constructed  and 
placed  that  only  such  persons  as  are  inside  said  rail  can 
approach  within  ten  feet  of  the  ballot  boxes  and  of  such 
voting  shelves,  places  or  compartments  as  are  herein  pro- 
vided for.  The  arrangement  shall  be  such  that  neither  the 
ballot  boxes  nor  the  voting  shelves  or  compartments  shall 
be  hidden  from  view  of  those  just  outside  the  said  guard 
rail,  and  such  poling  places  shall  be  as  near  as  practicable 
in  the  following  form: 


22  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Compartments  Distributing  Clerk 


Clerk 
O 


Rail 


Gate 

I 


Entrance 


Gate 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  23 

The  number  of  such  voting  shelves  or  compartments  shall 
not  be  less  than  one  for  every  fifty  electors,  or  fraction 
thereof,  registered  in  the  precinct,  and  the  expense  of  pro- 
viding such  polling  places,  compartments,  guard  rails,  and 
all  necessary  supplies,  shall  be  a  public  charge,  and  shall  be 
provided  for  in  the  same  maner  as  all  other  election  ex- 
penses. Each  voting  shelf  or  compartment  shall  be  kept 
provided  with  proper  supplies  and  conveniences  for  mark- 
ing the  tickets.  At  their  regular  meeting  in  July  next  pre- 
ceding any  election,  the  board  of  county  commissioners  of 
each  county  shall,  as  far  as  necessary,  alter  or  divide  the 
election  precincts  in  such  manner  that  each  election  pre- 
cinct shall  not  contain  more  than  six  hundred  voters:  Pro- 
vided, That  in  precincts  containing  less  than  twenty-five 
registered  voters  the  election  may  be  conducted  under  the 
provisions  of  this  title  without  the  preparation  of  such 
booths  or  compartment  as  are  required  in  this  section. 

In  all  municipal  elections  the  duties  specified  in  this  sec- 
tion as  devolving  on  the  county  commissioners,  shall  devolve 
on  the  officers  in  each  city  or  town  whose  duty  it  is  to  desig- 
nate and  appoint  polling  places  therein. 

z>f.     C.  L.  366. 


SEC.  512.  Appointment  of  Judges.  It  is  the  duty  of  the 
county  commissioners,  at  their  regular  session  in  July  next 
preceding  a  general  election  to  appoint  three  capable  and 
discreet  persons  possessing  the  qualifications  of  electors, 
such  persons  to  act  as  judges  of  election  at  each  election 
precinct  ;  and  the  clerk  of  the  board  must  make  out  and  de- 
liver to  the  sheriff  of  the  county,  immediately  after  the  ap- 
pointment of  such  judges  ,a  notice  thereof,  in  writing,  di- 
rected to  the  judges  so  appointed;  and  the  sheriff,  within 
ten  days  of  the  receipt  of  said  notice,  must  serve  the  same 
upon  each  of  the  said  judges  of  election  by  registered  mail. 
If  in  any  precinct  any  of  said  judges  do  not  serve,  the  voters 
of  said  precinct  may  elect  a  judge  or  judges  to  fill  the  va- 
cancy on  the  morning  of  the  election,  to  serve  at  such  elec- 
tion. The  selection  of  officers  must,  as  nearly  as  practi- 
cable, represent  all  the  different  political  parties  or  princi- 
ples represented  by  the  nominees  in  each  county.  It  shall 
be  the  duty  of  the  judges  to  designate  one  of  their  number 
to  act  as  distributing  clerk. 

All  such  judges  of  election  shall  hold  office  for  two  years, 


24  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

unless  sooner  removed  by  the  board  of  county  commission- 
ers, and  shall  act  at  all  state  and  county  elections. 

Hist.     C.  L.  367.    Laws  1913,  p.  378,  approved  March  10,  1913. 

SEC.  513.  Same :  Vacancies  Filled  by  Election.  If  in  any 
precinct  any  of  said  judges  do  not  serve,  the  voters  of  said 
precinct  may  elect  a  judge  or  judges  to  fill  the  vacancy,  on 
the  morning  of  election,  to  serve  at  such  election.  The 
election  of  officers  must,  as  nearly  as  practicable,  represent 
all  of  the  different  political  parties  or  principles  represented 
by  the  nominees  in  each  county. 

Hist.     C.  L.  368.     Laws  1913,  p.  93. 

SEC.  514.  Judges  to  Appoint  Clerks.  The  judges  must 
choose  two  persons  having  similar  qualifications  with  them- 
selves to  act  as  clerks  of  the  election.  The  said  judges  shall 
be  and  continue  judges  of  all  elections  of  civil  officers  to  be 
held  at  their  respective  wards  or  precincts  until  other 
judges  are  appointed  and  the  said  clerks  of  the  election 
may  continue  to  act  as  such  during  the  pleasure  of  the 
judges  of  election.  The  county  commissioners  must  from 
time  to  time  fill  all  vacancies  which  may  occur  in  the  office 
of  judges  of  election  at  any  election  precinct  within  their 
respective  counties. 

Hist.     C.  L.  369.     Laws  1913,  p.  93. 

SEC.  515.  Compensation  of  Judges  and  Clerks.  It  is  the 
duty  of  the  clerk  of  the  board  of  commissioners  of  each 
county  on  the  receipt  of  the  returns  of  any  general  or  spe- 
cial election,  to  make  out  his  certificate,  stating  therein  the 
compensation  to  which  the  judges  and  clerks  of  the  election 
are  entitled  for  their  services,  and  lay  the  same  before  the 
county  commissioners  at  their  next  session,  and  the  board 
of  commissioners  must  order  the  compensation  paid  out  of 
the  county  treasury.  The  compensation  of  judges  of  elec- 
tion and  clerks  is  four  dollars  per  day,  and  of  constables, 
on  duty  at  polling  places,  three  dollars  per  day. 

Hist.     C.  L.  370. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  25 

CHAPTER  VII. 

COMPILED  STATUTES,  CH.  30. 
PRIMARY  ELECTIONS. 

SEC.  516.  What  Officers  Affected.  Candidates  of  all  poli- 
tical parties  for  United  States  Senator,  Representative  in 
Congress  and  Presidential  electors  and  for  elective  state, 
district,  county,  precinct  and  municipal  officers  shall  be 
nominated  as  hereinafter  provided. 

Hist.     Laws  '19,  ch.  107,  p.  372. 

SEC.  517.  What  is  a  Political  Party.  A  political  party, 
within  the  meaning  of  this  chapter,  is  an  affiliation  of  elec- 
tors, representing  a  political  organization  under  a  given 
name,  which  at  the  last  preceding  general  election  cast  for 
any  candidate  on  their  ticket,  within  this  State,  ten 
per  cent  or  more  of  the  total  vote  cast  for  all 
candidates  for  such  office  within  the  State,  and  upon 
which  ticket  there  were  at  least  three  nominees  for  state 
offices,  or  an  affiliation  of  electors,  equal  in  number  to  five 
per  cent  of  the  total  number  of  votes  cast  at  the  precding 
general  election,  who  shall,  at  least  thirty  days  before  the 
date  of  the  primary,  file  with  the  Secretary  of  State  a  writ- 
ten notice  that  they  desire  recognition  as  a  political  party, 
which  said  notice  shall  contain,  first :  The  name  of  the  pro- 
posed party.  Second :  That  the  subscribers  thereto  have 
affiliated  one  with  another,  for  the  purpose  of  forming  such 
party,  and  third:  That  the  subscribers  to  such  notice  in- 
tend to  nominate  at  least  three  candidates  for  state  offices 
whereupon  such  affiliation  shall,  under  the  party  name, 
chosen,  have  all  the  rights  of  a  political  party  whose  ticket 
shall  have  been  on  the  ballot  at  the  preceding  general  elec- 
tion. 

Hist.     Laws  '19,  ch.  107,  p.  372. 

SEC.  518.  Primary  Election — When  Held.  Primary  elec- 
tions shall  be  held  on  the  first  Tuesday  of  August,  1920,  and 
bienially  thereafter,  for  the  nomination  of  candidates  for 
the  office  of  District  Judge  or  Judges  ,and  for  county  offices, 
the  election  of  precinct  committeemen,  and  the  election  of 
delegates  to  attend  the  County  Convention,  hereinafter  pro- 
vided for,  and  there  represent  their  respective  precincts.  The 
person  receiving  the  greatest  number  of  votes  or  if  the  pre- 


26  ELECTION  LAWS  OF  THE  STAIE  OF  IDAHO 

cinct  is  entitled  to  more  than  one  delegate,  then  the  persons 
receiving  the  greatest  number  of  votes  shall  be  by  the  judges 
of  the  precinct  declared  to  be  elected  as  delegates  to  the 
County  Convention  and  such  judges  shall  issue  to  him  or 
them  a  certificate  of  election.  For  the  purpose  of  this  chap- 
ter, the  offices  of  State  Senators  and  Representatives  in  the 
State  Legislature  shall  be  considered  county  offices  and  nom- 
inated as  other  county  officers. 

The  number  of  delegates  to  the  County  Convention  to  be 
determined  as  follows :  The  total  of  votes  cast  in  each  pre- 
cinct at  the  last  preceding  election  for  candidates  of  that 
party  for  legislative  and  county  offices  shall  be  divided  by 
the  number  of  such  candidates  and  the  quotient  shall  be 
taken  as  the  vote  of  said  party  in  the  precinct  and  each  pre- 
cinct shall  be  entitled  to  one  delegate  to  the  County  Conven- 
tion for  each  thirty  votes  or  major  part  thereof,  provided 
each  precinct  shall  be  entitled  to  at  least  one  delegate. 

Hist.     Laws  '19,  ch.  21,  p.  84. 

SEC.  519.  County  Central  Committee.  The  County  Central 
Committee  of  each  party  shall  be  composed  of  one  member 
elected  from  each  voting  precinct  of  the  county  by  the  elec- 
tors of  each  party  in  such  precinct,  at  said  primary  election ; 
the  person  receiving  the  greatest  number  of  votes  shall  be, 
by  the  precinct  judges,  declared  elected,  and  such  judges 
shall  issue  to  him  a  certificate  of  election,  which  shall  entitle 
him  to  a  seat  in  said  County  Central  Commitee. 

The  persons  so  elected  by  each  party  shall  separately 
meet  at  the  County  Seat  at  noon  on  the  second  Saturday  fol- 
lowing their  election,  and  organize  by  electing  a  chairman, 
and  a  secretary,  together  with  such  other  officers  as  they 
may  deem  necessary,  and  when  duly  organized  shall  have  the 
usual  powers  vested  in  such  committees,  including  the  power 
to  fill  vacancies  in  the  committee  and  upon  their  respective 
party  tickets,  and  shall  have  power  to  select  and  name  the 
primary  election  judges,  clerks  and  other  officials.  In  the 
counties  formed  by  the  Legislature  where  no  county  organ- 
ization of  the  respective  parties  exist  the  county  commis- 
sioners shall  appoint  the  judges  and  officials  for  the  respec- 
tive parties  for  the  primary  election  to  be  held  in  the  year 
1920,  and  provided  further  that  the  present  state  and  coun- 
ty committees  of  the  respective  parties  now  in  existence 
shall  have  all  the  authority,  powers  and  duties  of  the  com- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  27 

mittees  herein  provided  for  until  the  primary  election  of 
1920. 

Hist.     Laws  '19,  ch.  107,  p.  374. 

SEC.  520.  County  Convention.  County  conventions  of 
political  parties  composed  of  delegates  chosen  at  the  primary 
election  shall  be  held  in  the  several  counties  on  the  Third 
Tuesday  of  August  following  the  primary  election,  at  such 
place  in  each  county  and  beginning  at  such  hour  as  may 
be  fixed  by  the  respective  county  committees. 

At  the  time  and  place  so  designated  and  fixed,  or  as  soon 
thereafter  as  a  majority  of  the  duly  accredited  delegates  ap- 
pear, the  convention  shall  organize  and  then  select  delegates 
to  the  state  convention,  also  a  member  of  the  State  Central 
Commitee,  and,  if  so  determined  by  the  convention,  adopt  a 
county  platform.  The  chairman  and  secretary  of  the  con- 
vention shall  promptly  certify  to  the  county  auditor  of  the 
county  the  names  and  postoffice  addresses  of  the  several  pre- 
cinct commiteemen  selected  and  to  the  Secretary  of  State  the 
names  and  addresses  of  the  delegates  to  the  state  convention. 

Hist.     Laws  '19,  ch.  107,  p.  374. 

SEC.  521.  State  Central  Committee.  The  State  Central 
Committee  shall  organize  on  the  Fourth  Tuesday  of  August 
following  the  primary  election,  on  call  of  the  chairman  of 
the  outgoing  committee  or  the  joint  call  of  three  members  of 
the  incoming  committee,  by  choosing  a  chairman  and  a  secre- 
tary, each  of  whom  shall  be  an  elector  of  the  party  within  the 
state,  but  neither  need  be  selected  from  among  the  members 
of  the  committee.  Such  meeting  shall  be  held  at  the  seat  of 
the  state  government  unless  a  different  place  is  fixed  with 
the  consent  of  a  majority  of  the  members  of  the  committee. 

Hist.     Laws  '19,  ch.  107,  p.  375. 

SEC.  522.  State  Central  Committee.  The  State  Central 
Commitees  of  the  respective  political  parties  shall  have 
power  to  make  rules  and  regulatons  for  their  use  and  guid- 
ance, to  fill  vacancies  in  the  committee  and  in  their  party 
tickets,  to  nominate  candidates  when  necessary  for  special 
elections  or  call  state  conventions  for  that  purpose,  and  per- 
form all  other  acts  and  functions  inherent  in  such  organiza- 
tions or  arising  from  necessity  and  not  inconsistent  with  the 
provisions  of  this  Act,  and  the  several  county  committees 
shall  have  and  exercise  the  same  powers  concerning  like 


28  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

matters  relating  to  their  respective  counties  subject  to  the 
authority  of  the  State  Central  Committee.  The  state  com- 
mittees shall  also  have  power  to  call  state  conventions  for 
the  selection  of  delegates  to  the  national  conventions  of  their 
respective  parties,  determine  the  number  of  delegates  to 
such  state  conventions  to  which  each  county  is  entitled  and 
provide  for  the  time  and  manner  of  choosing  delegates,  and 
shall  have  full  authority  to  prescribe  such  rules  and  regu- 
lations as  it  deems  necessary  to  determine  the  qualifications 
of  such  parties  and  who  shall  be  entitled  to  vote  at  the  pri- 
maries of  such  parties. 

Hist.    Laws  '19,  ch.  107,  p.  375. 

SEC.  523.  State  Convention.  The  state  convention  of  a 
political  party  shall  be  composed  of  the  delegates  from  the 
several  counties,  chosen  as  hereinbefore  provided,  the  num- 
ber thereof  to  be  determined  as  follows :  The  total  number 
of  votes  cast  in  each  county  at  the  last  preceding  general 
election  for  all  candidates  of  that  party  for  representative 
in  Congress  and  the  several  state  officers,  shall  be  divided  by 
the  number  of  such  candidates  and  the  quotient  shall  be 
taken  as  the  vote  of  said  party  in  the  county,  which  county 
shall  be  entitled  to  one  delegate  to  the  state  convention  for 
each  four  hundred  or  major  part  thereof  of  such  vote; 
Provided,  That  each  county  shall  be  entitled  to  at  least  one 
delegate.  It  is  the  duty  of  the  Secretary  of  State  to  deter- 
mine in  the  manner  herein  set  forth  the  number  of  dele- 
gates to  which  each  political  party  is  entitled  from  the  sev- 
eral counties  and  to  certify  the  same  to  the  county  auditors 
of  the  different  counties  not  later  than  the  first  day  of  Feb- 
ruary of  each  year  in  which  a  general  election  is  to  be  held. 

Hist.     Laws  '19,  ch.  107,  p.  375. 

SEC.  524.  State  Convention...  A  state  convention  of  each 
political  party  shall  be  held  on  the  fourth  Tuesday  of  Aug- 
ust following  the  primary  election,  at  such  place  and  within 
the  state  and  beginning  at  such  hour  as  the  State  Central 
Commitee  of  the  party  may  determine.  At  the  time  and 
place  so  designated  and  determined,  or  as  soon  thereafter  as 
a  majority  of  the  duly  accredited  delegates  appear,  the  con- 
vention shall  organize  and  proceed  to  the  adoption  of  a  plat- 
form and  the  nomination  of  candidates  for  representatives 
in  congress  and  for  such  elective  state  officers  as  are  to  be 
filled  at  the  next  general  election,  and,  also,  when  such 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  29 

offices  are  to  be  filled  at  such  election,  candidates  for  presi- 
dential electors  and  for  United  States  Senator.  In  the  nom- 
ination of  candidates,  the  following  order  shall  be  followed : 

(1)  Presidential  Electors;  (2)  United  States  Senator; 
(3)  Representative  in  Congress;  (4)  Governor;  (5)  Lieu- 
tenant Governor;  (6)  Justice  of  the  Supreme  Court;  (7) 
The  remaining  state  officers  in  the  order  named  in  the  Con- 
stitution or  in  the  laws  creating  them.  Provided,  That  in 
the  nomination  of  Representatives  in  Congress  only  the 
delegates  representing  the  counties  within  the  territorial 
limits  of  the  respective  congressional  districts  shall  be  en- 
titled to  vote  for  the  Representatives  to  be  nominated  from 
such  district. 

Hist.     Laws  '19,  ch.  107,  p.  376. 

SEC.  525.  General  Provisions  of  Election  Laws  Applicable. 
The  provisions  of  the  general  laws  relative  to  the  holding  of 
elections,  the  furnishing  of  ballot  boxes  and  supplies,  the 
solicitation  of  voters  at  the  polls,  the  manner  of  conducting 
elections,  the  officers  and  duties  thereof  at  elections,  the 
counting  of  ballots  and  making  returns  of  the  results,  the 
canvassing  of  returns,  and  all  other  provisions  relating  to 
general  elections,  shall  apply  to  primary  elections  in  so  far 
as  they  are  applicable  and  consistent  with  the  provisions  of 
this  Chapter,  and  the  rules  and  regulations  adopted  or  to  be 
adopted  by  the  State  Central  Commitees  of  the  respective 
parties,  tending  to  the  prevention  of  the  voting  at  the  respec- 
tive party  primaries  of  others  than  bona  fide  members  of 
such  parties.  The  intent  of  this  chapter  being  to  place  the 
holding  of  primary  elections  for  the  nomination  of  candi- 
dates for  office  under  the  protection  and  regulation  of  gen- 
eral laws  now  in  force  as  far  as  possible,  adding  thereto  the 
special  features  herein  provided: 

Provided,  That  when  at  any  primary  election  such  irregu- 
larities or  frauds  on  the  part  of  the  voters  or  of  officers  of 
election,  or  of  any  other  persons,  shall  occur,  resulting  in 
the  election  of  delegates  who  do  not  correctly  represent  the 
principles  of  the  party  to  which  they  are  accredited  or  which 
the  convention  to  which  they  are  elected  is  clearly  satisfied 
would  not  have  been  elected  had  the  primary  been  fairly  and 
honestly  conducted,  the  convention  must  deny  any  delegate 
so  fraudulently  elected  a  seat  in  the  convention,  said  conven- 
tion to  be  the  sole  judge  of  the  conduct  of  said  primary. 

Hist.     Laws  '19,  ch.  107,  p.  376. 


30  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  526.  Tally  Sheets.  Two  sets  of  tally  sheets  for  each 
political  party  having  candidates  to  be  voted  for  at  the  pri- 
mary election  shall  be  furnished  with  the  other  supplies,  and 
shall  be  practically  as  follows: 

Each  tally  sheet,  or  the  first  page  of  each  tally  book  shall 

be  headed:    "Tally  sheet  for (Name 

of  Political  Party) (Name  of  County) 

(Name  of  Election  Precinct) 

(Date)." 

The  names  of  the  candidates  shall  be  placed  on  the  tally 
sheets  in  the  order  in  which  they  appear  on  the  sample  bal- 
lots, and  in  each  case  shall  have  the  proper  party  designa- 
tion at  the  top  thereof ;  in  other  particulars  said  tally  sheets 
shall  be  of  similar  form  to  those  used  at  the  general  elec- 
tion. The  county  auditor  shall  also  furnish  to  each  political 
party  holding  a  primary  election  in  any  precinct  one  copy  of 
a  check  or  poll  list  showing  the  registered  voters  of  such 
precinct. 

Hist.     Laws  '19,  ch.  107,  p.  377. 

SEC.  527.  Primary  Election  Officials  and  Supplies.  The 
county  central  committee  of  each  party  holding  such  pri- 
mary shall  each  designate  three  persons  to  act  as  judges 
and  clerks  of  the  primary  election  in  each  precinct.  If  any 
of  such  persons  do  not  serve  as  judges  then  any  of  the  judges 
present  or  the  precinct  committeemen  of  their  party  within 
the  precinct  shall  select  persons  to  fill  the  vacancies.  Tho 
judges  may  appoint  other  electors  of  the  precinct  member 
of  said  party  to  assist  them  in  their  duties  connected  with 
the  election,  including  the  counting  and  canvassing  of  the 
ballots.  Judges,  clerks,  and  assistants  at  primary  elections 
shall  receive  no  compensation  from  the  county  or  state  for 
their  services.  It  shall  be  the  duty  of  the  precinct  commit- 
teemen  of  the  respective  parties  holding  such  primaries  to 
provide  a  separate  polling  place  in  each  precinct  and  no 
part  of  the  cost,  if  any,  of  securing  such  polling  place  shall 
be  paid  by  any  county  of  the  state  or  be  a  proper  charge 
against  any  county.  All  ballots  and  other  election  supplies 
for  any  precinct  shall  be  delivered  to  a  precinct  committee- 
man  of  such  precinct  of  each  party  holding  such  primary, 
whose  duty  it  shall  be  to  see  that  the  same  are  at  the  proper 
polling  place  for  use  at  the  time  for  opening  the  polls. 

Hist.     Laws  '19,  ch.  107,  p.  377. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  31 

SEC.  528.  Publication  of  Notice  of  Primary.  The  county 
auditor  of  each  county  shall  cause  a  notice  of  the  primary 
election  to  be  published  at  least  once  a  week  for  two  success- 
sive  weeks  in  each  newspaper  published  in  the  county  repre- 
senting each  party  holding  a  primary  if  there  are  such 
papers  published  in  the  county,  and  if  not,  then  in  any  two 
papers  published  and  having  an  extensive  circulation  there- 
in; Provided,  That  publication  in  a  single  paper  shall  be 
deemed  sufficient  in  any  county  where  but  one  paper  is  pub- 
lished; and  shall  cause  a  copy  of  such  notice  to  be  posted 
conspicuously  in  each  precinct  in  the  county  at  least  ten 
days  before  the  election.  Such  notice  to  be  so  published  and 
posted  shall  contain  the  names  and  addresses  of  all  persons 
for  whom  nomination  papers  have  been  filed  and  who  are 
to  be  voted  for  in  his  county  with  the  party  designation  and 
title  of  each  officer,  but  not  in  ballot  form,  show  the  number 
and  names  of  delegates  of  each  political  party  the  several 
precincts  are  entitled  to  select  to  the  county  convention, 
give  the  date  of  the  primary  election,  and  the  hours  during 
which  the  polls  will  be  open.  At  the  time  of  posting  said 
notices  the  county  auditor  shall  supply  the  precinct  commit- 
teeman  of  each  political  party  holding  such  primaries  with 
three  blank  forms  to  be  filled  in  by  said  committeeman  so 
as  to  show  the  nlace  in  his  precinct  where  the  primary  elec- 
tion will  be  held,  and  these  notices  must  be  conspicuously 
posted  at  three  prominent  places  in  his  precinct,  for  not  less 
than  five  days  preceding  the  primary  election. 

Hist.     Laws  '19,  ch.  107,  p.  378. 

SEC.  529.  Who  Can  Vote.  No  person  shall  be  entitled  to 
vote  at  any  primary  election  unless  he  is  duly  registered  in 
the  precinct  wherein  he  offers  to  vote,  and  is  a  member  of 
the  political  party  holding  the  primary  at  which  he  attempts 
to  vote. 

Hist.     Laws  '19,  ch.  107,  p.  378. 

SEC.  530.  Who  Subject  to  Challenge.  A  person  offering 
to  vote  at  any  primary  election  shall  be  subject  to  challenge 
on  any  ground  that  would  subject  him  to  challenge  at  any 
general  election  and  on  the  further  ground  that  he  is  not  a 
bona  fide  member  of  the  political  party  holding  the  pri- 
mary at  which  he  offers  to  vote. 

Hist.     Laws  '19,  ch.  107,  p.  378. 


32  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  531.  Who  to  Determine  Right  of  Person  to  Vote. 
Any  judge  at  any  primary  election  .shall  have  authority  to 
administer  the  oath  or  affirmation  to  any  persons  offering 
to  vote  or  offering  to  testify  for  or  against  such  person.  If 
any  person  be  challenged  for  being  within  any  prohibited 
class  thereupon  such  person  shall  be  examined  by  the  elec- 
tion judges  and  if  the  judges  of  election  are  satisfied  that 
such  person  is  within  such  prohibited  class  his  or  her  vote 
shall  not  be  received. 

Hist.     Laws  '19,  ch.  107,  p.  379. 

SEC.  532.  How  to  Vote.  Each  voter  shall  upon  receiving 
a  ballot  retire  to  one  of  the  booths  and  without  delay  mark 
the  ballot  received  by  him  and  fold  it  so  that  its  face  shall 
be  concealed.  He  shall  thereafter  deliver  the  ballot  received 
by  him  to  one  of  the  judges  of  election  and  it  shall  be  de- 
posited by  said  judge  in  the  ballot  box  for  votes.  In  the 
event  a  voter  shall  soil  or  deface  the  ballot  received  by  him 
he  shall  at  once  return  it  and  obtain  another  and  the  election 
officer  shall  place  the  ballot  so  returned  in  the  ballot  box 
provided  for  waste  ballots. 

Hist.     Laws  '19,  ch.  107,  p.  379. 

SEC.  533.  When  Polls  Open.  The  polls  in  the  several 
election  precincts  on  the  day  any  primary  election  is  held 
shall  be  open  from  one  o'clock  in  the  afternoon  until  seven 
o'clock  in  the  evening.  There  shall  be  no  adjournment  or  in- 
termission of  the  work  of  the  judges  until  the  polls  are 
closed,  the  votes  counted  and  canvassed  and  the  result  pub- 
licly announced. 

Hist.     Laws  '19,  ch.  107,  p.  379. 

SEC.  534.  Canvassing  of  the  Votes.  The  votes  of  such 
primary  election  shall  be  canvassed  in  the  manner  provided 
by  the  general  election  laws  as  nearly  as  practicable. 

When  the  ballots  are  taken  from  the  ballot  boxes,  they 
shall  be  placed  in  a  pile  and  when  the  canvass  is  completed 
shall  be  securely  fastened  together.  The  judges  shall  count 
the  ballots  and  shall  carefully  enter  the  number  of  votes  for 
each  candidate  on  the  tally  sheet  provided  therefor,  and 
when  the  count  is  completed  shall  ascertain  the  total  vote 
cast  for  each  candidate  and  publicly  announce  the  result. 
The  judges  shall  also  mark  on  a  sample  ballot  the  total  vote 
received  by  each  candidate,  shall  enter  thereon  the  names 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  33 

of  the  precincts,  and  shall  immediately  mail  the  same  to  the 
county  auditor  who  shall  keep  it  on  file  for  public  informa- 
tion and  reference  until  after  the  official  canvass  by  the 
county  commissioners  of  the  votes  cast  at  the  said  election. 
Hist.  Laws  '19,  ch.  107,  p.  379. 

SEC.  535.  Ballots.  After  all  ballots  have  been  canvassed 
they  shall  be  locked  in  a  ballot  box  and  retained  by  the 
judges;  and  the  returns  showing  the  number  of  votes  re- 
ceived by  each  candidate,  together  with  all  election  supplies, 
shall  immediately  be  secured  sealed  and  forthwith  sent  to 
the  clerk  of  the  board  of  county  commissioners. 

Hist.     Laws  '19,  ch.  107,  p.  380. 

SEC.  536.  Returns  to  be  Canvassed  by  Board  of  County 
Commissioners.  As  soon  as  all  the  returns  are  received  and 
not  later  than  the  tenth  day  after  a  primary  election,  the 
board  of  county  commissioners  shall  meet  as  a  board  of  can- 
vassers, and  canvass  and  make  abstracts  of  the  votes  for 
the  respective  candidates  for  the  different  offices,  and  shall 
certify  to  the  county  auditor  the  names  of  the  persons  nomi- 
nated by  the  different  parties  for  the  respective  offices  to  be 
voted  for  at  the  ensuing  general  elecion  in  such  county  and 
shall  make  abstracts  of  the  votes  for  the  office  of  District 
Judge  or  Judges  of  their  district  and  shall  certify  to  the 
Secretary  of  State  the  number  of  votes  cast  for  all  nominees 
for  the  office  of  District  Judge  or  Judges. 

Hist.     Laws  '19,  ch.  107,  p.  380. 

SEC.  537.  Canvassing  Votes  for  District  Judges.  For  the 
purpose  of  canvassing  the  result  of  the  primary  votes  for 
the  nomination  of  District  Judges  the  state  board  of  can- 
vassers as  provided  for  by  the  general  laws  shall  meet  in 
the  office  of  the  Secretary  of  State  at  10  o'clock  in  the  fore- 
noon, fifteen  days  after  such  primary  and  shall  canvass  the 
votes  for  candidates  for  the  office  of  District  Judges  and 
shall  certify  the  respective  party  nominees  of  the  respective 
districts  to  the  Secretary  of  State  not  less  than  thirty-five 
days  before  the  general  election  next  ensuing. 

Hist.     Laws  '19,  ch.  107,  p.  380. 

SEC.  538.  Who  Nominated.  The  person  of  each  party 
receiving  the  highest  number  of  votes  shall  be  the  nominee 
for  the  specified  office.  In  each  precinct  the  persons  up  to 
the  number  to  which  the  precinct  is  entitled  as  delegates 


34  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

who  receive  the  highest  vote  shall  be  the  delegats  from  that 
precinct  to  the  respective  county  conventions.  In  case  of  a 
tie,  the  same  shall  be  decided  by  lot  as  provided  in  Section 
539  hereof.  At  the  time  and  place  set  for  holding  any  county 
convention  it  shall  be  the  duty  of  the  county  auditor  to  cer- 
tify to  the  presiding  officer  of  such  convention  the  number 
of  delegates  to  be  elected  from  such  county  to  the  state  con- 
vention of  such  party  the  names  of  the  candidates  for  all 
offices  nominated  at  the  primary  election,  the  offices  for 
which  no  candidate  was  nominated  by  the  primary,  together 
with  the  names  of  all  candidates  for  such  offices  and  the 
total  vote  received  by  each. 

Hist.     Laws  '19,  ch.  107,  p.  380. 

SEC.  539.  Tie  Vote.  Should  two  or  more  candidates  of 
any  political  party  receive  the  same  number  of  votes  for 
the  same  office,  the  tie  shall  be  determined  by  lot  by  the 
candidates,  or  their  representatives  duly  authorized  ,the 
same  to  be  drawn  in  case  of  a  county  office  under  the  super- 
vision of  the  county  auditor,  and  in  case  of  a  district  or 
state  office  under  the  supervision  of  the  Secretary  of  State. 

Hist.     Laws  '19,  ch.  107,  p.  381. 

SEC.  540.  Counties  to  Furnish  Election  Supplies....  Tho 
cost  of  all  ballots,  blanks  and  other  supplies  to  be  used  at 
primary  elections  herein  authorized,  shall  be  paid  out  of  the 
county  treasury,  as  in  the  case  of  general  elections. 

Hist.     Laws  '19,  ch.  107,  p.  381. 

SEC.  541.  Nominations  by  Petition.  Candidates  for  elec- 
tive public  offices  may  be  nominated  otherwise  than  as  here- 
inbefore set  forth,  in  the  following  maner :  A  certificate  of 
nomination  stating  the  office,  the  name  of  the  candidate,  his 
postoffice  address,  including,  if  for  a  municipal  office,  the 
street  number,  if  any,  and  his  business  occupation,  shall  be 
signed  by  electors  of  the  political  division  to  which  the  of- 
fice relates ;  the  number  of  signers  when  the  nomination  is 
for  United  States  Senator,  Representative  in  Congress, 
Presidential  elector  or  for  a  state  office  to  be  not  less  than 
three  thousand,  of  which  not  more  than  twenty-five  per 
cent  shall  be  residents  of  a  single  county ;  for  a  district  office 
not  less  than  nine  hundred ;  for  a  county  office  not  less  than 
three  hundred;  for  a  precinct  office  not  less  than  thirty; 
for  a  municipal  office  relating  to  the  entire  municipality  not 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  35 

less  than  seventy-five,  and  for  a  division  of  the  municipality 
not  less  than  thirty.  Each  signer  shall  write,  or  have  writ- 
ten, in  connection  with  his  signature  his  place  of  residence, 
including,  if  within  a  city  or  town,  his  street  number,  if 
any.  The  signatures  need  not  be  all  on  the  same  paper,  but 
all  papers  so  signed  relating  to  the  same  candidates  shall  be 
taken  together  as  constituting  the  certificates.  The  certifi- 
cates of  nominations  for  United  States  Senator,  Represen- 
tatives in  Congress,  or  presidential  elector  and  for  state  and 
district  offices  shall  -have  appended  thereto  a  certificate  of 
the  county  auditor  stating  that  all  the  signers  residing  with- 
in his  county  are  registered  voters  and  shall  be  filed  in  the 
office  of  the  Secretary  of  State  not  later  than  the  Fourth 
Tuesday  of  August.  Certificates  of  nomination  for  county 
and  precinct  officers  shall  be  filed  with  the  County  Auditor 
not  later  than  the  second  Tuesday  of  August,  and  certifi- 
cates of  nominations  for  municipal  officers  shall  be  filed 
with  the  clerk  of  the  municipality  not  more  than  thirty  days 
and  not  less  than  ten  days  before  the  day  of  election.  The 
time  for  filing  certificates  of  nominations  as  herein  set  forth 
shall  not  apply  to  nominations  to  fill  vacancies.  No  person 
shall  sign  any  nomination  as  provided  for  in  this  section  if 
he  has  voted  or  intends  to  vote  at  any  primary  held  for  the 
purpose  of  nominating  candidates  to  be  elected  at  the  same 
election  for  which  the  nomination  provided  for  in  this  sec- 
tion is  made. 

Hist.     Laws  '19,  ch.  107,  p.  381. 

SEC.  542.  Nominees  of  State  Conventions — Certified. 
The  persons  nominated  shall  be  the  duly  accredited  candi- 
dates of  their  respective  parties  for  the  several  offices  and 
their  names  shall  be  printed  in  the  proper  party  column, 
and  under  the  appropriate  heading  on  the  official  ballot  for 
the  ensuing  general  election.  Within  five  days  after  the 
adjournment  of  a  state  convention  there  shall  be  filed  with 
the  Secretary  of  State  a  copy  of  the  platform  adopted  there- 
at, certified  to  by  the  chairman  and  secretary  of  the  con- 
vention, and  a  certificate  signed  by  said  officers,  showing 
the  names,  postoffice  addresses  and  business  occupations  of 
the  candidates  nominated. 

Hist.     Laws  '19,  ch.  107,  p.  381. 

SEC.  543.  Nomination  Papers.  In  order  that  the  name  of 
a  person  may  be  placed  on  the  ticket  of  his  party  as  a  can- 
didate for  nomination  for  an  office,  candidates  for  which  are 


36  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

to  be  voted  for  at  any  primary  election,  a  nomination  paper 
must  be  signed  by  him  and  filed  in  the  office  of  the  County 
Recorder  of  the  county  not  more  than  sixty  days  nor  less 
than  thirty  days  before  the  primary  election.  Such  paper, 
when  signed  by  him,  shall  be  in  substantially  the  following 
form,  with  the  blanks  thereof  properly  filled,  to-wit: 

STATE  OF  IDAHO,  ) 

„             <.  r  ss. 

County  of j 

I, ,  do  solemnly  swear  (or  affirm)  that 

I.  am  a  citizen  of  the  United  States  of  the  age  of  twenty-one 
years  or  over,  or  will  be  at  the  ensuing  election,  and  am  a 

legally  qualified  voter  of County ;  that 

I  now  reside  at  (insert  street  and  number,  if  any)  in  this 

precinct  and  am  a  member  and  affiliated  with  the 

party;  *  *  that  I  have  not  signed  a  petition  for  nomination 
of  a  candidate  of  a  political  party  with  which  I  am  not  af- 
filiated, and  that  I  have  not  signed  the  nomination  papers 
of  an  independent  candidate  for  any  office,  for  which  office 
candidates  for  nomination  are  voted  for  at  this  primary; 

that  I  believe  in  the  *  *  *  principles  set  forth  by  the ... 

party,  and  that  I  am  not  becoming  a 

candidate  as  member  of  any  partisan  or  nonpartisan  organ- 

igation  other  than  as  a  candidate  of  the party ; 

that  I  voted  at  the city,  village  or  town,  with 

the political  party  at  the election 

held  in A.  D 

Subscribed  and  sworn  to  before  me  the election 

held  in ....A.  D.... 


In  addition  to  such  nomination  paper,  such  candidate 
shall  produce  and  file  withe  the  County  Recorder  at  the 
same  time  as  such  nomination  paper  is  filed  a  written  cer- 
tificate of  the  county  chairman  or  a  majority  of  the  mem- 
bers of  the  county  central  commitee,  that  he  is  then  and 
has  been  for  two  years  prior  thereto  a  member  of  the  politi- 
cal party  on  whose  ticket  he  desires  to  become  a  candidate 
or  the  affidavits  of  at  least  five  reputable  members  of  the 
jxirty  from  which  said  candidate  seeks  a  nomination,  who 
have  resided  in  said  county  for  more  than  two  years  imme- 
diately prior  to  signing  such  affidavit,  stating  that  they 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  37 

have  knoivn  such  nominee  for  more  than  two  years  last 
past  and  that  said  nominee  is  vx  member  of  the  party  from 
which  he  seeks  a  nomination.  Such  affidavits  may  be  con- 
troverted by  affidavits  at  any  time  within  five  days  after 
the  filing  of  such  nomination  paper  by  any  other  five  reput- 
able members  of  said  party  ivho  have  been  residents  of  said 
county  for  at  least  two  years  immediately  prior  to  signing 
such  affidavit,  and  the  issue  thus  made  shall  be  heard  sum- 
marily by  any  District  Judge  ,o/  the  district  of  which  such 
county  is  a  part,  and  witnesses  may  be  examined  orally  on 
both  sides\ind  documentary  evidence  may  be  introduced  and 
the  judge  shall  forthwith  decide  such  issue  and  make  find- 
ings and  render  judgment,  which  judgment  may  be  sum- 
marily reviewed  by  the  Supreme  Court  by  writ  of  review  or 
certiorari. 

Hist.     Laws  '19,  ch.  21,  p.  85. 

SEC.  544.  Nomination  Papers — Where  Filed.  All  nomi- 
nation papers  herein  required  shall  be  filed  as  follows :  For 
the  office  of  Judge  of  any  District  Court  in  the  office  of  the 
Secretary  of  State,  and  for  county  and  precinct  offices  pre- 
cinct committeeman  and  delegates  to  the  county  convention 
in  the  office  of  the  County  Recorder. 

Hist.     Laws  '19,  ch.  107,  p.  383. 

SEC.  545.  Secretary  of  State  to  Certify  Names  of  Candi- 
dates for  District  Judges  to  Counties  of  the  Respective  Dis- 
tricts. At  least  thirty  days  before  any  primary  election,  the 
Secretary  of  State  shall  transmit  to  each  county  auditor 
within  the  state  a  certified  list  containing  the  name,  post  of- 
fice address  and  party  designation  of  each  person  entitled 
to  be  voted  for  at  such  primary  for  the  office  of  District 
Judge  as  appears  from  the  nomination  papers  filed  in  the 
office  of  the  Secretary  of  State. 

Hist.     Laws  '19,  ch.  107,  p.  383. 

SEC.  546.  Fees.  At  the  time  of  the  filing  of  a  nomination 
paper  a  fee  shall  be  paid  to  the  county  auditor  equal  in 
amount  to  one  per  cent  of  the  annual  salary  of  the  office  for 
which  the  nomination  is  sought,  which  fee  shall  be  turned 
into  the  county  treasury.  For  filing  a  nomination  paper 
for  any  legislative  candidate  the  filing  fee  shall  be  two  dol- 
lars. 

Hist.     Laws  '19,  ch.  107,  p.  383. 


38  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  547.  Auditor  to  Prepare  Ballots.  As  soon  as  he  shall 
have  the  necessary  information  and  as  soon  as  possible  after 
the  time  has  expired  for  the  filing  of  nominations  in  his  of- 
fice, the  county  auditor  of  each  county  shall  prepare  forms 
of  official  ballots  containing  the  ticket  of  each  political  party 
and  arranging  therein  the  names  of  the  candidates  for  each 
office  alphabetically  according  to  the  first  letter  of  the  sur- 
name of  each  candidate.  The  said  ballots  shall  be  prepared 
in  substantially  the  form  of  sample  ballots  hereto  attached. 
Across  the  top  of  each  ballot  shall  be  printed  in  plain  type : 

First:  The  words  "Official  Primary  Election  Ballot." 
Second:  The  name  of  the  party  holding  such  primary. 
Third :  The  party's  emblem,  if  any  it  has.  Fourth :  The 
name  of  the  county  in  which  the  ballots  are  to  be  used. 
Fifth :  "Instruction ;  To  vote  for  a  person  make  a  cross  (X) 
in  the  square  at  the  right  of  his  name.  After  marking  the 
ballot,  hand  it  to  a  judge  of  the  election  to  be  placed  in  the 
ballot  box  for  votes." 

Hist.     Laws  '19,  ch.  107,  p.  384. 

SEC.  548.  Form,  of  Primary  Ballot.  Following  the  fore- 
going heading,  the  tickets  shall  be  arranged  on  the  official 
ballots  for  primary  election  in  substantially  the  following 
form: 

State  Senator. 
(Names) 

State  Representative. 

(Names) 

District  Judges. 

(Names) 

County  Commissioner. 

First  District 

(Names) 

County  Commissioner. 

Second  District 

(Names) 

County  Commissioner. 

Third  District 

(Names) 

Clerk  District  Court. 
(Names) 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  39 

Prosecuting  Attorney. 
(Names) 

Sheriff. 
(Names) 

County  Treasurer. 
(Names) 

Probate  Judge. 

(Names) 

County  Superintendent  of  Public  Instruction. 
(Names) 

County  Assessor. 
(Names) 

Coroner. 
(Names) 

Surveyor. 
(Names) 

Delegates  to  County  Convention. 

(Names) 

Precinct  Committeemen. 
(Names) 

(for  primary  held) ,  (date) 

Hist.     Laws  '19,  ch.  107,  p.  384.. 

SEC.  459.  Nominations  by  Petition.  No  certificate  of  nom- 
ination made  pursuant  to  the  provisions  of  Section  541  of 
this  Chapter  shall  contain  the  name  of  more  than  one  candi- 
date; no  person  shall  join  in  nominating  thereunder  more 
than  one  person  as  a  candidate  for  each  office  to  be  filled, 
and  no  person  shall  accept  a  nomination  for  more  than  one 
office.  The  names  of  all  candidates  so  nominated  shall  ap- 
pear under  proper  designation  as  to  the  offices  for  which 
they  are  proposed,  in  the  same  column  of  the  official  ballot 
with  the  word  "Independent"  and  nothing  more  at  the  top 
thereof,  and  no  party  appellation,  statement  of  principles  or 
other  matter  shall  appear  in  connection  with  such  names  or 
column  except  as  here  stated. 

Hist.     Laws  '19,  ch.  107,  p.  386. 


40  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  550.  Certificates  of  Nomination  to  be  Preserved.  The 
Secretary  of  State,  the  County  Auditors  of  the  several 
counties  and  the  clerks  of  the  several  municipalities  shall 
cause  to  be  preserved,  in  their  respective  offices  for  one 
year,  all  certificates  of  nomination  filed. 

Hist.     Laws  '19,  ch.  107,  p.  386. 

SEC.  551.  Secretary  of  State  to  Certify  Who  Nominated. 
Not  less  than  thirty  days  before  an  election  the  Secretary  of 
State  shall  certify  to  the  several  county  auditors  the  names, 
places  of  residence,  and  business  occupations  of  all  persons 
nominated  to  be  voted  for  at  the  election  as  shown  by  certifi- 
cates, the  nomination  papers  filed  in  his  office,  with  the  nec- 
essary information  relating  to  such  nominations  as  will  en- 
able the  county  auditors  to  properly  prepare  the  ballots. 
Certificates  relating  to  nominations  for  district  officers 
shall  be  sent  only  to  the  county  auditors  of  the  counties  com- 
posing the  respective  districts. 

Hist.     Laws  '19,  ch.  107,  p.  386. 

SEC.  552.  County  Auditors  to  Publish  Names  of  Nomi- 
nees. As  soon  as  the  County  Auditor  has  received  the  in- 
formation required  to  be  certified  to  him  by  the  Secretary 
of  State  as  provided  in  Section  551  of  this  Chapter,  it  shall 
be  his  duty  to  publish  in  the  simplest  and  least  expensive 
form  the  names  of  all  candidates  of  all  parties  for  state  and 
county  offices  which  will  apear  upon  the  official  ballot  at  the 
general  election,  such  publication  to  be  made  once  a  week 
for  three  consecutive  weeks  in  the  official  county  newspaper. 
As  soon  as  the  clerk  of  the  municipality  shall  have  received 
the  certificate  of  nomination  required  to  be  filed  with  him 
it  shall  be  his  duty  to  publish  in  a  similar  manner  the  infor- 
mation contained  in  said  certificates  for  one  week  in  one 
newspaper  of  general  circulation  in  such  municipality. 

Hist.     Laws  '19,  ch.  107,  p.  386. 

SEC.  553.  Decline  Nominations.  Whenever  any  person 
nominated  for  a  public  office  shall  in  writing  signed  by  him 
and  by  him  acknowledged  before  a  proper  officer  or  attested 
by  the  signature  of  two  competent  witnesses,  and  filed  in  the 
office  in  which  the  certificates  of  this  nomination  was  filed, 
state  that  he  declines  the  nomination,  such  nomination  shall 
thereafter  be  of  no  effect.  In  nominations  relating  to  presi- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  41 

dential  electors,  congressional,  state  and  district  officers, 
declinations  must  be  filed  not  less  than  twenty  days  before 
the  election  and  in  nominations  relating  to  legislative,  coun- 
ty, precinct  and  municipal  officers  such  declinations  must  be 
filed  not  less  than  ten  days  before  the  election. 

Hist.     Laws  '19,  ch.  107,  p.  387. 

SEC.  554.  Fill  Vacancies.  Before  the  ballots  are  printed  for 
the  election,  if  any  person  nominated  at  a  primary  election  or 
by  a  convention  of  a  political  party  or  other  political  organi- 
zation, die  or  decline  the  nomination  as  provided  in  Section 
553  of  this  Chapter  or  becomes  ineligible  to  hold  the  office 
for  which  he  was  nominated,  or  any  such  nomination  be  or 
become  insufficient  or  inoperative  from  any  cause,  the  va- 
cancy thus  occasioned  may  be  filled  in  the  manner  herein- 
after specified,  to-wit: 

If  the  original  nomination  was  made  by  a  convention 
which  delegated  to  a  committee  the  power  to  fill  vacancies 
such  committee  may,  upon  the  happening  of  a  vacancy,  pro- 
ceed to  fill  the  same,  and  if  no  such  power  was  delegated 
then  the  right  to  make  nomination  for  presidential  elector 
or  for  United  States  Senator  or  a  congressional,  state  or  dis- 
trict officer  shall  lie  with  the  state  committee  of  the  party 
and  for  a  county  or  precinct  officer  with  the  county  commit- 
tee. The  chairman  and  secretary  of  the  committee  which 
makes  the  nomination  shall  thereupon  make  and  file  with 
the  proper  officer  a  certificate  setting  forth  the  fact  and 
cause  of  the  vacancy,  the  name  of  the  person  so  nominated, 
the  office  for  which  the  nomination  is  made,  the  name  of  the 
person  for  whom  the  new  nominee  is  to  be  substituted,  the 
fact  as  to  the  power  of  the  committee  to  fill  vacancies,  and 
such  further  information  as  is  required  to  be  given  in  an 
original  certificate  of  nomination.  The  certificate  so  made 
shall  be  executed  in  the  manner  prescribed  for  the  original 
certificate  of  nomination,  and  filed  in  the  same  office,  and 
have  the  same  force  and  effect  as  such  original. 

When  such  certificate  shall  be  filed  with  the  Secretary  of 
State  he  shall,  in  certifying  the  nomination  to  the  county 
auditors  insert  the  name  of  the  person  who  has  been  thus 
nominated  to  fill  a  vacancy  in  place  of  that  of  the  original 
nominee,  and  in  the  event  he  has  already  set  forth  his  cer- 
tificate, he  shall  forthwith  certify  to  the  county  auditors  the 


42  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

name  and  other  information  relating-  to  the  person  so  nomi- 
nated to  fill  the  vacancy,  the  office  he  is  nominated  for,  the 
party  or  organization  he  represents  and  the  name  of  the 
person  for  whom  such  nominee  is  substituted.  The  state 
central  committee  or  county  committees  may  delegate  such 
authority  to  any  committee  chosen  from  their  number. 

Hist.     Laws  '19,  ch.  107,  p.  387. 

SEC.  555.  Vacancies  After  Ticket  is  Printed.  When  a  va- 
cancy occurs  after  the  ballots  are  printed,  it  may  be  filled  in 
the  manner  provided  in  Section  554  of  this  Chapter,  and  if 
so  filled  the  officer  whose  duty  it  is  to  have  the  tickets  print- 
ed and  distributed  shall  have  prepared  a  requisite  number 
of  stickers  with  the  name  of  the  substitute  candidate  printed 
thereon,  and  send  them  by  registered  mail  to  the  judges  of 
election  in  the  various  precincts  of  the  county.  The  judges 
of  election  shall  affix  such  stickers  at  the  proper  place  on 
the  ballots  before  the  ballots  are  delivered  to  the  voters. 

Hist.     Laws  '19,  ch.  107,  p.  388. 

SEC.  556.  Personal  Expenses.  No  person  shall,  to  aid  or 
promote  his  nomination  as  a  candidate  for  an  office,  either 
at  a  primary  election  or  a  convention,  directly  or  indirectly, 
himself  or  through  any  other  person  or  agency,  give,  pay,  ex- 
pend or  contribute,  or  promise  to  give,  pay,  expend  or  con- 
tribute any  money  or  other  valuable  thing  or  service,  except 
for  personal  expenses.  The  words  "personal  expenses"  as 
used  in  this  Chapter  shall  mean  and  include  only  expenses 
directly  incurred  and  paid  by  a  candidate  for  his  own  trav- 
eling and  purposes  directly  incidental  thereto;  for  publish- 
ing, for  writing,  printing  and  preparing  for  transmission, 
letters,  circulars  and  other  publications  relating  to  his  can- 
didacy and  other  public  matters;  for  cards,  stationery  and 
postage,  and  for  halls  and  other  places  for  holding  public 
meetings;  Provided,  That  no  candidate  for  nomination  at 
any  primary  election  or  convention  shall  give,  pay,  expend, 
contribute  or  promise  for  personal  expense,  or  at  all,  to  aid 
or  promote  his  nomination  more  than  twenty-five  per  cent 
of  the  yearly  salary  or  compensation  of  the  office  if  he  be 
a  candidate  for  United  States  Senator,  Representative  in 
Congress,  or  any  state  or  district  office  except  Lieutenant 
Governor ;  nor  more  than  ten  per  cent  if  he  be  a  candidate 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  43 

for  a  county  office,  except  that  he  may  expend  not  to  exceed 
three  hundred  dollars  if  he  be  a  candidate  for  the  office  of 
Lieutenant  Governor  and  not  to  exceed  one  hundred  dollars 
if  he  be  a  candidate  for  either  branch  of  the  Legislature  or 
for  county  commissioner. 

Hist.     Laws  '19,  ch.  107,  p.  388. 

SEC.  557.  Filing  of  Itemized  Accounts.  Every  candidate 
for  nomination  for  any  office  other  than  a  precinct  or  a 
municipal  office,  at  a  primary  election  or  convention,  shall 
within  twenty  days  after  such  election  or  convention  file  an 
itemized  statement  in  writing,  duly  sworn  to  as  to  its  be- 
ing correct,  setting  forth  each  sum  of  money,  thing  of  value 
or  consideration  whatever,  given,  paid,  expended,  contrib- 
uted, or  promised  by  him  or  any  one  for  him  with  his 
knowledge  or  consent  to  secure  influence  or  in  any  manner 
affect  his  nomination.  Such  statement  shall  set  forth  all 
sums  paid  as  personal  expenses  and  show  fully  and  in  de- 
tail the  nature,  kind  and  character  of  the  purposes  for  which 
they  were  expended  or  promised  and  the  person  or  persons 
to  whom  they  were  paid  or  promised.  Statements  relating 
to  congressional,  state  and  district  offices  shall  be  filed  with 
the  Secretary  of  State,  and  statements  relating  to  county  of- 
fices shall  be  filed  with  the  County  Auditor,  and  shall  dur- 
ing office  hours  be  opened  to  public  inspection.  No  person 
whose  name  is  not  printed  on  the  official  ballot  shall  be  con- 
sidered a  candidate  at  a  primary  election  within  the  mean- 
ing of  this  section,  unless  he  receives  at  least  twenty  per 
cent  of  the  votes  cast  for  the  office,  and  no  person  shall  be 
considered  as  having  been  a  candidate  at  a  convention  un- 
less with  his  consent,  he  received  votes  therein  or  was  there- 
by given  a  nomination  which  he  accepted. 

Hist.     Laws  '19,  ch.  107,  p.  389. 

SEC.  558.  Perjury.  Any  person  who  knowingly  swears 
falsely  to  any  material  statement  or  matter  in  a  nomina- 
tion paper  or  certificate  or  other  paper  relative  to  his  quali- 
fications as  a  voter  upon  registration  or  at  a  primary  elec- 
tion or  as  to  his  party  affiliations,  or  as  to  his  personal  ex- 
penses as  herein  defined,  is  guilty  of  perjury  and  upon  con- 
viction thereof  shall  be  punished  as  provided  in  the  Penal 
Code. 

Hist.     Laws  '19,  ch.  107,  p.  389. 


44  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  559.  Signing  Name  of  Another  Person.  Any  person 
who  shall  write  the  name  of  another  as  a  signer  or  witness 
to  a  nomination  paper  or  nomination  certificate,  except  with 
his  consent  and  in  the  presence  of  at  least  one  witness,  shall 
be  guilty  of  forgery  and  upon  conviction  thereof  shall  be 
punished  as  provided  in  the  Penal  Code. 

Hist.     Laws  '19,  ch.  107,  p.  389. 

SEC.  560.  Each  delegate  to  a  State  Convention  shall,  upon 
his  filing  with  the  State  Auditor  a  receipt  for  his  railroad 
fare  to  and  from  his  place  of  residence  to  such  convention 
that  certificate  of  the  chairman  or  secretary  of  such  con- 
vention that  he  attended  the  same  and  voted  therein,  be  en- 
titled to  be  reimbursed  for  the  actual  sum  so  expended  by 
him.  And  the  State  Auditor  is  hereby  authorized  to  draw 
his  warrant  upon  the  above  conditions  being  fulfilled,  in 
favor  of  each  of  said  delegates,  for  the  amount  to  which 
said  delegate  is  as  above  provided,  entitled,  and  the  State 
Treasurer  is  hereby  authorized  to  pay  said  warrants.  There 
is  hereby  appropriated  for  such  biennium,  out  of  the  gen- 
eral fund  not  otherwise  appropriated,  for  the  purposes 
herein  provided  for,  the  sum  of  Seventy-five  Hundred  Dol- 
lars ($7500),  or  so  much  thereof  as  may  be  necessary. 

Hist.      Laws  '19,  ch.  107,  p.  390. 


CHAPTER  VIII. 

COMPILED  STATUTES,  CH.  31. 
REGISTRATION  OF  ELECTORS. 

SEC.  561.  Appointment  of  Registrars.  The  board  of 
county  commissioners  of  each  county  of  the  state  must,  at 
its  regular  meeting  in  April,  next  preceding  each  general 
election,  appoint  a  registrar  for  each  election  precinct  in  the 
county,  who  must  be  a  qualified  elector,  resident  of  such 
precinct,  and  otherwise  a  proper  person  and  qualified  to  per- 
form the  duties  of  such  office,  and  such  registrar  may  hold 
his  office  until  his  successor  is  appointed  and  qualified. 
When  any  registrar  fails  to  act,  or  the  office  becomes  vacant, 
the  said  board,  if  in  session,  must  appoint  another  registrar ; 
or  if  said  board  is  not  in  session,  the  chairman  of  the  board 
must  appoint;  and  should  a  registrar  not  be  appointed,  or 
from  any  cause,  none  should  act,  the  electors  may,  on  the 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  45 

second  Saturday  of  May  at  one  o'clock  p.  m.  next  preceding 
any  general  election  to  which  this  title  is  applicable,  meet 
at  the  place  in  the  precinct  appointed  by  said  board  for  the 
holding  of  such  election,  or  should  the  board  fail  to  ap- 
point a  place,  then  at  the  place  where  the  last  general  elec- 
tion was  held,  and  elect  a  registrar. 

Hist.     C.  L.  393.    Laws  1917,  ch.  44,  sec.  1,  p.  96. 

Liberal  Constrv.ction:  Statutes  prescribing  duties  of  election  of- 
ficers relative  to  registering  voters  should  not  be  so  construed  as 
to  make  right  of  citizens  to  vote  depend  upon  strict  observance  of 
law.  Huf faker  v.  Edgington  (1917)  30  I.  179;  163  P.  793. 

SEC.  562.  Registration  Notices,  Books  and  Supplies.  The 
said  board  must,  prior  to  the  first  day  of  May  next  preced- 
ing any  general  election,  cause  notice  to  be  given  for  not  less 
than  fifteen  days,  by  publication  in  some  newspaper  pub- 
lished in  the  county,  if  there  be  one,  otherwise  by  at  least 
three  notices  posted  up  in  different  parts  of  the  county,  one 
of  which  must  be  at  the  court  house  door,  giving  the  names 
and  general  description  of  election  precincts,  the  name  of 
the  registrar  for  each  precinct,  and  the  time  during  which 
registration  may  be  made,  which  shall  be,  for  every  general 
election,  during  each  Saturday  including  and  from  the  first 
day  of  May,  to  and  including  the  Saturday  next  preceding 
the  primary  election,  when  such  registration  books  shall  be 
closed  until  the  Saturday  following  such  primary  election, 
when  the  same  shall  be  reopened  for  registration  of  elec- 
tors until  nine  o'clock  p.  m.  on  the  Saturday  next  preceding 
the  general  election.  At  the  time  of  or  before  giving  such 
notice,  the  board  must  furnish  to  each  registrar  two  books, 
one  to  be  known  as  the  "election  registrar"  for  the  regis- 
try of  qualified  electors,  and  the  other  for  the  registry  of 
rejected  applicants.  Each  of  such  books  must  be  ruled  and 
headed  substantially  as  follows: 


46 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 


Number 


Name  of  Elector 


Dates  of  Registration 

or 
Dates  of  Rejection 


Age 


Where  Born 


Description  of  Residence 


Certificate  of  Naturalization 
Exhibit — Yes  or  No 


Remarks 


At  the  same  time  the  said  board  must  furnish  to  the  regis- 
trar the  blank  notices,  certificates,  oaths  and  all  other 
blanks,  books,  and  papers,  needed  and  required  to  perform 
the  duties  of  his  or  her  office  as  such  registrar. 

Hist.     C.  L.  394.    Laws  1917,  ch.  44,  sec.  2,  p.  97. 

Cited:  Shoshone  Highway  Dist.  v.  Anderson  (1912)  221  I.  109; 
125  P.  219. 

Powers  of  Registrar:  Registrar  may  give  notice  of  days  other 
than  certain  Saturdays  preceding  special  election,  on  which  he  will 
receive  applications  for  registration.  Gillesby  v.  Comrs.  of  Canyon 
Co.  (1910)  17  I.  586;  107  P.  71;  Ann.  Cas.  1913B,  17,  23,  24  1916D 
22.  Nims  v.  Gilmore  (1910)  17  I.  609;  107  P.  79. 

SEC.  562.  Oath  of  Registrar.  Before  entering  upon  the 
duties  of  his  office,  each  registrar  must  take  and  subscribe, 
before  any  officer  authorized  to  administer  oaths,  the  official 
oath  required  of  all  officers  acting  under  the  laws  of  the 
State  of  Idaho,  which,  when  so  taken  and  subscribed,  must 
be  by  him  filed  with  the  clerk  of  the  board  of  county  com- 
missioners, and  said  registrar  may  thereupon  register  his 
own  name  in  the  elector's  register. 

Hist.     C.  L.  395.     Laws  1917,  ch.  44,  sec.  3,  p.  98. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  47 

SEC.  564.  Registration  of  Voters:  Elector's  Qith:  Check 
Lists.  He  must  also,  prior  to  the  time  of  commencement  of 
registration,  post  notices  in  at  least  three  public  places  in 
different  parts  of  his  precinct,  most  likely  to  give  notice  to 
the  inhabitants  thereof,  giving  the  time,  days  and  hours 
during,  and  the  place  at  which  he  will  be  ready  to  receive 
and  hear  applications  for  registration,  and  he  must  there- 
after, on  the  days  named  by  him  in  said  notice,  be  at  the 
place  designated,  from  the  hours  of  nine  o'clock  a.  m.  to  five 
o'clock  p.  m.,  and  from  seven  o'clock  p.  m.  to  nine  o'clock  p. 
m.,  and  receive  and  register  the  names  of  all  persons  apply- 
ing, who  are,  or  will  be  on  the  day  of  election  for  which  reg- 
istration is  made,  entitled  to  vote  thereat.  He  must,  also, 
on  any  other  day  of  the  week  except  holidays,  during  said 
time  of  registration,  register  any  such  elector  who  may  find 
and  apply  to  him  at  his  place  of  registration,  and  he  may, 
at  any  time  or  place  during  said  time  of  registration,  regis- 
ter any  such  elector  of  his  precinct.  He  may,  at  any  time, 
examine  under  oath  any  applicant  as  to  his  qualifications, 
and  he  must  examine  and  permit  any  qualified  elector  of 
his  county  to  examine  any  applicant  for  registration,  either 
when  such  applicant  is  not  known  to  the  registrar  to  be  a 
qualified  elector,  or  when  any  such  qualified  elector  chal- 
lenges such  applicant  and  specifies  his  cause  of  challenge. 

When  any  applicant  claims  to  be  a  naturalized  citizen  the 
production  by  him  of  his  certificate  of  naturalization  is 
prima  facie  evidence  of  citizenship.  If  he  cannot  produce 
such  certificate,  he  must  state,  under  oath,  positively,  the 
time  when,  and  place  and  court  where,  he  was  naturalized ; 
and  he  must  by  his  own,  or  other  testimony,  make  it  satis- 
factorily appear  to  such  registrar  that  he  has  been  duly  nat- 
uralized and  that  his  certificate  thereof  has  been  lost,  de- 
stroyer or  is  beyond  his  control  and  thereupon  he  must  be 
deemed  a  citizen,  and  entitled  to  registration  if  otherwise 
qualified.  All  examinations  before  such  registrar  must  be 
reduced  to  writing,  when  desired  by  such  applicant,  chal- 
lenging elector  or  registrar.  Such  examination  for  any  one 
applicant  shall  not  exceed  one-half  hour,  without  the  con- 
sent of  the  registrar.  If  any  applicant  refuses  to  answer 
all  questions,  give  all  information  under  his  control,  take  all 
other  oaths,  and  do  all  other  acts  and  things  required  of 
him  by  law,  his  application  must  be  rejected  by  the  reg- 
istrar. 


48  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

The  registrar  must,  before  he  registers  any  applicant,  re- 
quire him  to  take  and  subscribe  the  oath  to  be  known  as 
the  "Elector's  Oath,"  which  is  as  follows: 

ELECTOR'S  OATH. 

I  do  swear  (or  affirm)  that  I  am  a  citizen  of  the  United 

States,  of  the  age  of  twenty-one  years,  or  will  be  the 

day  of ,  A.  D.  19 ,  (  naming  the  date 

of  the  next  succeeding  election)  ;  that  I  have  (or  will  have) 
actually  resided  in  this  State  for  six  months,  and  in  this 
county  for  thirty  days  next  preceding  the  next  ensuing  elec- 
tion (in  case  of  any  election  requiring  a  different  time  of 
residence  to  make  it)  ;  that  I  have  never  ben  convicted  of 
treason,  felony,  embezzlement  of  public  funds,  bartering  or 
selling  or  offering  to  barter  or  sell  my  vote,  or  purchasing 
or  offering  to  purchase  the  vote  of  another,  or  other  infa- 
mous crime,  without  thereafter  being  restored  to  the  rights 
of  citizenship;  that  I  will  not  commit  any  act  in  violation 
of  the  provisions  in  this  oath  contained ;  that  I  am  not  now 
registered  or  entitled  to  vote  at  any  other  place  in  this  State ; 
that  I  do  regard  the  Constitution  of  the  United  States  and 
the  laws  thereof,  and  the  Constitution  of  this  State  and 
the  laws  thereof,  as  interpreted  by  the  Courts,  as  the  su- 
preme law  of  the  land ;  (when  made  before  a  judge  of  elec- 
tion add:  "and  I  have  not  previously  voted  at  this  elec- 
tion,") so  help  me  God. 

(Signed) 

Subscribed  and  sworn  to  before  me  this 

day  of A.  D.  19 

Registrar  of Precinct 

County,  Idaho. 

When  the  registrar  admits  any  one  to  registration  he  must 
enter,  in  the  proper  column  of  the  "Elector's  Register,"  the 
number,  the  name  in  full  (except  any  middle  name,  which 
may  be  by  initial),  date  of  registry,  age,  place  of  nativity 
and  residence  of  the  elector  so  admitted.  The  residence 
must  be  so  described  by  giving  the  house,  street,  ward,  or 
part  of  the  precinct  he  resides  in,  that  it  may  be  easily 
found;  also  it  shall  be  stated,  if  a  naturalized  citizen, 
whether  or  not  he  produced  his  certificate  ,and  the  regis- 
trar may,  in  the  column  of  remarks,  add  any  pertinent  notes. 

He  must  also  enter  the  names,  with  statements  similar  to 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  49 

the  above,  of  all  persons  who  are  refused  registration,  in 
the  books  kept  for  that  purpose,  and  therein  state  the  reason 
of  such  refusal. 

During  the  time  between  the  last  day  of  registration  and 
the  day  of  election  each  registrar  must  prepare  for  his 
"Elector's  Register"  two  "check  lists"  of  all  the  names  reg- 
istered by  him,  arranged  alphabetically  according  to  the  sur- 
name, placing  on  the  left  of  the  names  the  same  number  it 
bears  in  the  "Elector's  Register,"  and  on  the  right  of  the 
column  of  names,  a  blank  column  in  which  to  indicate  by 
the  word  "voted"  when  the  electors  votes ;  said  "check  lists" 
must  have  a  heading  showing  for  what  election  it  was  pre- 
pared and  used;  they  must  be  carefully  prepared  without 
interlineations,  in  legible  writing  or  typewriting,  certified 
and  sworn  to  by  the  registrar,  and,  not  later  than  the  day 
next  preceding  the  election,  he  must  deliver  to  one  of  the 
judges  of  election  of  his  precinct  his  "Elector's  Register," 
and  the  register  containing  the  names  of  those  refused  reg- 
istration, and  to  each  of  the  other  two  judges,  who  are  not 
of  the  same  political  party,  a  copy  of  said  "check  lists," 
and  such  judges  must,  as  the  electors  vote,  write  the  word 
"voted"  opposite  their  names  in  said  "check  lists,"  while  the 
clerks  of  election  keep  the  record  of  the  electors  voting  as 
elsewhere  provided  in  this  title. 

Hist.    C.  L.  396.     Laws  1917,  ch.  44,  sec.  4,  p.  98. 
Cited:     Wilson  v.  Bartlett  (1900)  7  I.  271;  62  P.  416. 

The  days  on  which  registrars  will  hear  applications  for  registra- 
tion are  left  entirely  to  the  discretion  of  the  registrar.  Gillesby  v. 
Comrs.  of  Canyon  Co.  (1910)  17  I.  586;  107  P.  71;  Ann.  Cas.  1913B, 
17,  23,  24,  1916D,  62.  Nims  v.  Gilmore  (1910)  17  I.  609;  107  P.  79. 

Power  to  Administer  Oath:  This  section  confers  upon  the  regis- 
trar the  power  to  administer  oaths.  T.  v.  Anderson  (1889)  2  I.  573; 
21  P.  417;  24  A.  S.  E.  678. 

SEC.  565.  Preservation  of  Registrar's  Papers.  All  persons 
offering  to  vote  at  any  election  are  subject  to  challenge,  as 
provided  by  the  election  laws,  but  registration  of  any  elec- 
tor's name  is  prima  facie  evidence  of  his  right  to  vote,  and 
no  person  shall  vote  unless  he  is  first  registered. 

Each  registrar,  after  so  preparing  his  "check  list,"  must 
arrange  the  "Elector's  Oaths"  taken  before  him  in  the  or- 
der the  names  of  the  electors  who  took  them  appear  upon 
the  "check  lists,"  and  attach  them  together,  putting  the 
names  under  each  letter  in  a  separate  package ;  and  all  such 


50  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

oaths,  certificates  and  writen  testimony  taken  by  the  reg- 
istrar, and  the  registrar  books  of  electors  and  persons  re- 
jected, delivered  to  said  judges,  must  all  be  transmitted, 
and  other  election  returns,  to  the  clerk  of  the  board  of 
county  commissioners,  who  must  preserve  the  same  for  at 
least  one  year. 

Hist.     C.  L.  397.     Laws  1917,  ch.  44,  sec.  5,  p.  101. 

Cited:     Wilson  v.  Bartlett   (1900)   7  I.  271;  62  P.  416. 

SEC.  566.  Registrar  to  Estimate  Tickets  Required.  Each 
registrar  must,  twenty-five  days  previous  to  the  day  of  the 
primary  election  and  twenty-five  days  prior  to  the  general 
election,  notify  the  clerk  of  the  board  of  county  commis- 
sioners of  his  county  of  the  probable  number  of  tickets  re- 
quired for  the  precinct  of  which  he  is  registrar,  basing  his 
estimate  upon  the  number  of  registered  electors,  allowing 
a  sufficient  number  for  contingencies  at  each  election. 

Hist.     C.  L.  398.    Laws  1917,  ch.  44,  sec.  6,  p.  101. 

SEC.  567.  Transfer  Certificates.  When  a  registered  elec- 
tor desires  to  remove  his  residence  from  a  precinct  where  he 
is  registered,  he  may,  at  any  time  before  the  registrar  has 
closed  his  registration  books,  apply  to  such  registrar  to  have 
his  name  stricken  from  the  register,  and  the  registrar  must 
then  strike  the  name  of  such  elector  from  the  register,  and 
shall  deliver  to  said  elector  a  transfer  certificate  substan- 
tially in  the  following  form,  to-wit: 

TRANSFER  CERTIFICATE. 

"This  certifies  that was  on  the 

day  of ,  19 ,  duly  registered 

in Precinct,  in  the  County  of 

State  of  Idaho;  and  that  at  his  own  request  his  name  has 
been  this  day  erased  from  the  official  register  of  said  pre- 
cinct. 

"Witness  my  hand  this day  of , 

19 

"Registrar  of Precinct, 

County,  Idaho." 

Such  transfer  certificate  shall  entitle  the  elector  named 
therein  to  be  registered  in  any  other  precinct  in  the  same 
county,  if  it  be  filed  with  the  registrar  of  such  other  pre- 
cinct at  any  time  before  the  close  of  the  last  day  of  registra- 
tion. 


.  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  51 

Any  elector  who  has  taken  out  a  transfer  certificate  as  in 
this  section  provided,  may  personally  file  the  same  with  the 
registrar  of  the  precinct  in  which  he  desires  to  register  and 
vote,  or  he  may  send  his  transfer  certificate  to  such  regis- 
trar by  registered  mail.  If  the  elector  file  his  transfer  cer- 
tificate personally,  he  shall  be  treated  as  any  other  appli- 
cant for  registration ;  if  the  elector  send  his  transfer  certifi- 
cate by  mail  to  the  registrar,  his  name  shall  be  entered  in 
the  official  register  and  check  lists;  and  on  the  check  lists 
opposite  the  name  of  each  elector  who  has  filed  a  transfer 
certificate  personally,  the  registrar  shall  enter  the  words, 
"Registered  by  certificate,"  and  opposite  the  name  of  each 
elector  who  has  sent  his  transfer  certificate  by  mail  the 
register  shall  enter,  "Registered  by  certificate  by  mail,"  and 
the  registry  number  appearing  upon  the  envelope  in  which 
the  transfer  was  sent  to  him.  Upon  the  day  of  election, 
when  an  elector  registered  by  transfer  certificate  by  mail 
offers  to  vote,  the  judges  of  election,  or  one  of  them,  shall, 
before  receiving  and  depositing  the  ballot,  administer  to 
such  elector  the  same  oath  that  is  required  to  be  taken  be- 
fore registrars  by  all  electors  applying  for  registration,  and 
shall  require  such  elector  to  exhibit  the  original  registered 
letter  receipt  issued  to  him  when  he  mailed  his  transfer  cer- 
tificate to  the  registrar,  and  the  number  on  the  check  list 
opposite  the  name  of  such  elector  must  correspond  with 
the  number  on  the  registered  letter  receipt. 

Hist.     C.  L.  399.     Laws  1917,  ch.  44,  sec.  7,  p.  101. 

SEC.  568.  Mandate  to  Compel  Registration.  Should  any 
registrar  at  any  time  refuse  to  register  any  applicant,  such 
applicant  may  apply  to  the  District  Court,  or  the  Judge 
thereof,  for  a  writ  of  mandate  to  compel  the  registrar  to  reg- 
ister him  and  the  provisions  of  the  Code  of  Civil  Procedure 
in  similar  proceedings  are  applicable. 

Hist.     C.  L.  400.     Laws  1917,  ch.  44,  sec.  8,  p.  102. 

SEC.  569.  Compensation  of  Registrar.  The  several  reg- 
istrars shall  receive  such  compensation  as  shall  be  allowed 
by  the  board  of  county  commissioners,  which  in  no  case 
shall  exceed  twenty-five  cents  for  each  name  registered, 
and  the  compensation  herein  provided  for  shall  be  paid  out 
of  the  current  expense  fund. 

Hist.     C.  L.  401.     Laws  1917,  ch.  44,  sec.  9,  p.  103. 


52  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  . 

CHAPTER  XIV. 

COMPILED  STATUTES,  CH.  32. 
BALLOTS  AND  SUPPLIES 

SEC.  570.  Official  Election  Stamp.  The  board  of  county 
commissioners  shall,  at  their  regular  meeting  in  July  next 
preceding  a  regular  election,  make  provision  for  an  official 
election  stamp  (which  must  bear  the  date  and  year  of  the 
election  at  which  it  is  used,  and  the  words  "official  ballot,") 
of  such  character  or  device  and  of  such  material,  as  said 
board  may  select,  and  such  official  stamp  must  be  changed  at 
each  general  election  and  kept  secret  by  the  officers  fur- 
nishing and  using  it,  as  provided  by  law,  and  no  one  else 
must  know  of  its  form  or  make  until  used  according  to  law. 
It  is  also  the  duty  of  the  county  commissioners,  at  their 
regular  session  in  July  next  preceding  a  general  election,  to 
authorize  the  county  auditor  to  provide  a  suitable  number 
of  election  tickets  for  the  county,  said  tickets  to  be  printed 
under  the  same  regulations  as  other  county  printing.  The 
tickets  must  be  bound  in  book  form,  each  book  containing 
one  hundred  tickets  and  printed  in  the  manner  prescribed 
by  law. 

Hist.     C.  L.  402. 

SEC.  571.  Ballot  Boxes.  The  county  commissioners  must 
provide,  at  the  expense  of  the  county,  suitable  ballot  boxes, 
with  lock  and  key,  and  an  opening  in  the  lid  sufficient  to  ad- 
mit a  single  folded  ballot,  and  no  larger,  and  similar  boxes 
for  the  use  of  the  distributing  clerks,  in  which  they  shall 
deposit  defaced,  mutilated  and  returned  ballots.  The  keys 
must  be  delivered  to  one  of  the  judges  designated  by  the 
board. 

Hist.     C.  L.  403. 

SEC.  572.  Official  Ballots  to  be  Provided.  Except  as  in 
this  title  otherwise  provided,  it  shall  be  the  duty  of  the 
county  auditor  of  each  county  to  provide  printed  ballots  for 
every  election  for  public  officers  in  which  electors,  or  any 
of  the  electors,  within  the  county,  participate,  and  cause  to 
be  printed  in  the  ballot  the  name  of  every  candidate  whose 
name  has  been  certified  to  or  filed  with  the  county  auditor 
in  the  manner  provided  for  in  this  title.  Ballots,  other 
than  those  printed  by  the  respective  county  auditors  accord- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  63 

ing  to  the  provisions  of  this  title,  shall  not  be  cast  or  counted 
in  any  election.  Nothing  in  this  title  contained  shall  pre- 
vent any  voter  from  writing  on  his  ticket  the  name  of  any 
person  for  whom  he  desires  to  vote  for  an  office,  and  such 
vote  shall  be  counted  the  same  as  if  printed  upon  the  ballot 
and  marked  by  the  voter.  The  voter  may  place  a  cross  (X) 
oposite  the  name  he  has  written,  but  his  having  written  the 
name  of  his  choice  is  sufficient  evidence  that  such  is  the  per- 
son for  whom  he  desires  to  vote.  Elections  for  school  dis- 
trict officers  are  excepted  from  the  provisions  of  this  sec- 
tion. In  all  municipal  elections  the  duties  specified  in  this 
section  as  devolving  on  the  county  auditor  shall  devolve  on 
the  municipal  clerk. 

Hist.  C.  L.  404. 

Duties  of  Auditor:  A  county  auditor  in  preparing  official  bal- 
lots acts  ministerially  only,  and  must  place  upon  the  ballot  in  the 
proper  column  the  names  of  the  candidates,  whose  nominations  have 
been  duly  certified  to  him;  he  cannot  reject  the  name  of  any  nominee 
on  the  ground  that  he  is  ineligible  to  the  office  for  which  he  is  nom- 
inated. Miller  v.  Davenport,  8  I.  593;  70  P.  610.  Fuller  vs.  Corey 
(1910)  18  I.  558;  110  P.  1035. 

SEC.  573.  All  election  ballots  prepared  under  the  pro- 
visions of  this  title  for  the  election  of  candidates  for  office 
shall  be  white  in  color,  and  of  good  quality  of  printing  paper, 
and  the  same  shall  be  printed  thereon  in  black  ink. 

Every  ballot  shall  contain  thereon  the  names  of  every 
candidate  whose  nomination  for  any  office  specified  on  the 
ballot  has  been  certified  or  filed  according  to  the  provisions 
of  this  title,  but  no  name  shall  appear  thereon  more  than 
once. 

The  ballot  shall  be  of  sufficient  size  to  contain  the  names 
of  all  the  candidates  and  questions  to  be  voted  on,  exclusive 
of  the  stub  or  counterfoil.  The  width  of  the  stub  or  counter- 
foil shall  be  two  inches,  and  of  the  same  length  as  the  ballot. 
Each  stub  shall  be  consecutively  numbered,  beginning  with 
number  one;  the  ballot  and  stub  being  connected  by  a  per- 
forated line.  *  *  * 

The  width  of  the  ballot  must  be  divided  into  equal  per- 
pendicular spaces,  one  for  each  political  party  represented 
by  the  different  opposing  candidates,  in  which  the  tickets 
of  the  different  parties  must  be  printed,  and  one  similar  in 
which  only  the  names  of  the  different  offices  to  be  filled  at 
the  election  shall  be  printed,  and  below  which  the  voter  may 
ivrite  the  names  of  the  persons  he  wishes  to  vote  for.  These 


54  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

perpendicular  spaces,  or  party  tickets,  must  each  be  sur- 
rounded by  very  heavy  leaded  lines,  and  between  each  space, 
or  party  ticket,  there  must  be  a  blank  space  of  one-half  inch. 
At  the  top  of  each  ticket  must  be  printed  the  caption  or 
name  of  the  political  party  in  a  size  of  type  not  smaller  than 
long  primer.  Immediately  below  the  middle  of  such  caption 
or  name,  must  be  printed  a  circle  at  least  three-fourths  of 
an  inch  in  diameter,  within  which  the  voter  may  place  a 
cross  (X),  and  thereby  he  votes,  and  his  vote  m,ust  be  count- 
ed for  kll  the  candidates  named  in  that  perpendicular  space, 
or  party  ticket ,  except  such  as  he  shall  erase  by  drawing 
lines  through  the  names  of  those  he  does  not  wish  to  vote 
for.  Immediately  below  the  circle  above  named  must  be 
drawn  a  horizontal  line,  below  which  must  be  printed  the 
names  of  the  offices,  to  be  printed  in  small  capitals,  and  the 
names  of  the  candidates  therefor  in  not  smaller  than  long 
primer  capitals. 

When  a  President  and  Vice  President  of  the  United  States 
are  to  be  elected,  the  name  of  the  office  and  the  names  of  the 
candidates  for  electors  must  be  printed  in  like  type  as  direct- 
ed for  other  offices  and  candidates,  immediately  below  the 
last  named  horizontal  line.  The  name  of  each  office  and  the 
candidate  thereof  must  be  included  in  one  space,  but  sepa- 
rated from  other  offices  and  candidates  by  horizontal  lines. 
To  the  right  of  names  of  the  offices  a,nd  candidates  must  be 
a  light  ruled  perpendicular  line,  within  which,  and  opposite 
the  name  of  each  candidate,  must  be  printed  a  circle  one- 
half  inch  in  diameter,  ivithin  which,  if  the  voter  places  a 
cross  (X)  his  vote  must  be  counted  for  the  candidate  whose 
name  is  thv£  marked:  Provided,  That  if  he  has  placed  a 
cross  in  the  large  circle  at  the  head  of  the  ticket,  his  cross 
opposite  the  name  of  the  candidate  in  any  other  ticket  must 
be  counted  for  said  candidate.  The  voter  may,  instead  of 
placing  a  cross  in  the  large  circle,  vote  only  for  such  candi- 
dates a;?  he  desires,  by  placing  a  cross  on  the  right  of  their 
names  in  the  small  circle,  or  by  writing  in  the  blank  ticket 
the  names  of  the  persons  he  desires  to  vote  for,  and  placing 
a  cross  on  the  right  of  their  names  in  the  circle.  Circles  one- 
half  inch  in  diameter  must  be  placed  in  the  blank  perpen- 
dicular space  on  the  ballot  for  the  name  of  each  candidate 
who  may  be  therein  voted  for.  All  the  nam.es  of  the  several 
like  offices  and  the  several  opposing  candidates  therefort 
must  be  placed  on  the  same  horizontal  straight  line.  On  the 


«H 

C 


You  can  vote  a  ticket  "straight"  by  placing  an  X  in  large  c 
ticket  by  erasing  name  on  straight  ticket  you  do  not  wish  to  \ 
vote  for.  See  illustration  on  Representatives  ticket. 


REPUBLICAN  TICKET 


o 


DEMOCRATIC  TICKET 


o 


FOR  CONGRESS 
JOHN  JONES 


FOR  GOVERNOR 
WILLIAM  JONES 


o 


FOR  CONGRESS 
ALEXANDER  KNIGHTj1 


FOR  SECRETARY  OF 
STATE 

HENRY  BOND 


o 


FOR    REPRESENTATIVES  /*  ^\\ 
JOHN  DOE  \ ) 

GEORGE  HOOD 


o 


WILLIAM  WIRT 


JOHN  OSBORNE 


FOR  GOVERNOR 
CONRAD  DWIGHT 

FOR  SECRETARY  OF 
STATE 

!        RICHARD  ROE 
:FOR   REPRESENTATIVES 
GEORGE  FOX 

ANDREW  WILSON 


JOHN  ALSTON 


ASA  DALE 


name  of  party  you  wish  to  vote  for.    You  can  "scratch"  your 
id  placing  an  X  in  small  circle  on  right  of  name  you  wish  to 

POPULIST  TICKET 

o 

o 

FOR  CONGRESS 

M-2  Inch    | 

FOR  CONGRESS 

J  1-2  Inch    J 

FOR  GOVERNOR 

O 

FOR  GOVERNOR 

u     • 
< 

Ou    ' 

O 

^OR  SECRETARY  OF 
STATE 

o 

ffi        FOR  SECRETARY  OF 

STATE 
fe 

HH         ! 
Pr. 

o 

R   REPRESENTATIVES 

o 

5]    FOR   REPRESENTATIVES 

a  I 
w 

o 

o 
o 


i  o 


Laws    '19,    Chap.    169. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  55 

ballot,  in  aid  of  the  voter,  may  be  placed  such  ivords  or  ex- 
planations as  "Vote,  for  one,"  "Vote  for  three"  "Yes,"  "No," 
and  the  like.  The  same  margin  must  be  left  above  and  be- 
low the  printed  matter.  *  *  * 

When  constitutional  amendments  or  other  questions  are 
to  be  submitted  to  a  vote  of  the  people  at  any  general  elec- 
tion the  question  or  questions  to  be  voted  on  shall  be  printed 
immediately  following  the  names  of  the  candidates  for  coun- 
ty and  precinct  offices,  and  immediately  preceding  said  ques- 
tions on  the  ballot  shall  be  printed  a  word  or  words  indicat- 
ing the  nature  of  the  questions  to  be  voted  on,  as  "constitu- 
tional amendments,"  and  the  following  instructions  to  the 
voter:  'To  vote  on  the  following,  mark  a  cross  (X)  in  the 
square  at  the  right  of  yes  or  no."  Immediately  to  the  right 
of  the  questions  to  be  voted  on  shall  be  printed  the  words : 
"Yes  and  No"  in  letters  not  less  than  three-sixteenths  of  an 
inch  in  height,  and  to  the  right  of  each  word  a  square  shall 
be  printed  on  the  ballot  in  which  the  voter  may  indicate  his 
preference.  The  face  of  the  ballot  and  the  stub  must  be  in 
substantially  the  following  form : 

Hist.     Laws  '19,  ch.  169,  p.  540. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  55 

ballot,  in  aid  of  the  voter,  may  be  placed  such  words  or  ex- 
planations as  "Vote  for  one,"  "Vote  for  three/'  "Yes,"  "No," 
and  the  like.  The  same  margin  must  be  left  o,bove  and  be- 
low the  printed  matter.  *  *  * 

When  constitutional  amendments  or  other  questions  are 
to  be  submitted  to  a  vote  of  the  people  at  any  general  elec- 
tion the  question  or  questions  to  be  voted  on  shall  be  printed 
immediately  following  the  names  of  the  candidates  for  coun- 
ty and  precinct  offices,  and  immediately  preceding  said  ques- 
tions on  the  ballot  shall  be  printed  a  word  or  words  indicat- 
ing the  nature  of  the  questions  to  be  voted  on,  as  "constitu- 
tional amendments/'  and  the  following  instructions  to  the 
voter:  "To  vote  on  the  following,  mark  a  cross  (X)  in  the 
square  at  the  right  of  yes  or  no."  Immediately  to  the  right 
of  the  questions  to  be  voted  on  shall  be  printed  the  words : 
"Yes  and  No"  in  letters  not  less  than  three-sixteenths  of  an 
inch  in  height,  and  to  the  right  of  each  word  a  square  shall 
be  printed  on  the  ballot  in  which  the  voter  may  indicate  his 
preference.  The  face  of  the  ballot  and  the  stub  must  be  in 
substantially  the  following  form : 

Hist.     Laws  '19,  ch.  169,  p.  540. 


56  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  574.  Submission  on  Special  Questions:  Whenever 
the  Secretary  of  State  has  duly  certified  to  the  county  audi- 
tor any  question  to  be  submitted  to  a  vote  of  the  people  the 
county  auditor  shall  have  said  question  printed  upon  the 
regular  official  ballot  in  the  same  maner  as  prescribed  in 
the  preceding  section  for  the  printing  of  questions  submit- 
ting constitutional  amendments  to  a  vote  of  the  people.  The 
county  auditor  shall  also  cause  to  be  printed  upon  the  reg- 
ular official  ballot  any  question  required  by  law  to  be  sub- 
mitted to  the  vote  of  the  electors  of  any  locality  and  not  to 
the  State  generally  at  any  general  election :  Provided,  how- 
ever, That  in  all  questions  submitted  to  the  voters  of  a  mu- 
nicipal corporation  alone  it  shall  be  the  duty  of  the  munici- 
pal clerk  to  provide  the  necessary  tickets :  Provided,  fur- 
ther, In  case  any  question  is  to  be  submitted  to  the  voters  of 
any  county  or  any  locality  at  a  time  when  no  general  elec- 
tion is  to  be  held  the  county  auditor  shall  prepare  ballots 
to  be  printed  and  furnished  for  each  precinct  where  said 
questions  are  to  be  voted  upon,  and  said  ballots  shall  be 
prepared  as  follows: 

The  ballots  shall  be  seven  (7)  inches  wide  and  shall  be 
attached  to  a  stub  or  counterfoil  two  (2)  inches  wide  by  a 
perforated  line.  Said  ballots  shall  be  white  in  color  and  at 
the  top  of  the  ballots  shall  be  words  indicating  the  nature  of 
the  proposition  to  be  voted  upon,  as  "County  Division"  or 
"School  Bond  Issue/''  as  the  case  may  be.  Below  these  words 
and  one  (1)  inch  from  the  upper  margin  on  each  ballot  a 
line  shall  be  printed  reaching  the  full  width  thereof.  From 
a  point  one  (1)  inch  from  the  right  end  of  this  line  a  per- 
pendicular line  shall  be  printed  reaching  to  the  lower  mar- 
gin of  the  ballot.  In  the  space  to  the  left  of  this  perpendic- 
ular line  shall  be  printed  the  question  to  be  submitted  to 
the  vote  of  the  electors,  as  now  required  by  law.  In  the 
space  to  the  right  of  this  perpendicular  line  two  circles, 
each  one-half  inch  in  diameter,  shall  be  printed,  one  above 
the  other,  with  the  word  "Yes"  to  the  left  of  the  upper  circle 
and  the  word  "No"  to  the  left  of  the  lower  circle.  The  voter 
may  place  a  cross  (X)  within  one  of  these  circles,  and  there- 
by he  votes.  Should  two  or  more  questions  be  submitted  to 
a  vote  on  the  same  ballot  they  shall  be  separated  from  each 
other  by  a  printed  line  running  the  full  width  of  the  ballot, 
and  immediately  below  said  printed  line  shall  be  the  word  or 
words  indicating  the  nature  of  the  question  to  be  voted  on, 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  57 

as  "County  Division"  or  "School  Bond  Issue,"  as  the  cast- 
may  be,  and  two  circles,  as  provided  above,  shall  be  printed 
in  the  space  to  the  right  of  each  question.  Such  special  bal- 
lots shall  be  of  sufficient  length  to  contain  all  questions  sub- 
mitted, printed  in  long  primer  type.  The  stubs  or  counter- 
foil shall  contain  the  name  of  the  county,  the  date  of  the 
election  and  shall  be  numbered  consecutively  from  one  up- 
wards for  each  separate  precinct  in  which  said  questions  arc 
voted  upon. 

Hist.     C.  L.  406.     Laws  1917,  ch.  93,  sec.  2,  p.  321. 

SEC.  575.  Same:  Errors  and  Omissions.  Whenever  it 
shall  apear  by  affidavit  that  an  error  or  omission  has  oc- 
curred in  the  publication  of  the  names  or  descriptions  of  the 
candidates  nominated  for  office,  or  in  the  printing  of  the 
tickets,  the  Probate  Court  of  the  county,  may,  upon  appli- 
cation of  any  elector,  by  order,  require  the  County  Auditor 
or  Municipal  Clerk  to  correct  such  error,  or  to  show  cause 
why  such  error  should  not  be  corrected. 
Hist.  C.  L.  407. 

Cited:  McGrane  v.  Co.  of  Nez  Perce,  18  I.  714,  727;  112  P.  312; 
Ann.  Cas.  1912A,  165;  32  L.  R.  A.  (N.  S.)  730. 

Defective  Ballot*:  Correction:  Where  a  candidate  for  a  county 
office  neglects  to  have  a  defect  in  the  official  ballot  corrected  as  pro- 
vided for  in  this  section,  he  cannot,  after  the  election  is  had  and  he 
finds  himself  defeated,  raise  the  objection  that  the  name  of  the  suc- 
cessful candidate  was  improperly  placed  on  the  official  ballot.  Baker 
v.  Scott,  4  I.  596;  43  P.  76. 

SEC.  576.  Only  Official  Ballots  Counted.  No  ballot  must 
be  used  or  counted  at  any  election  except  the  legal  ballot 
printed  by  the  County  Auditor,  or,  in  the  case  of  municipal 
elections,  by  the  Clerk  of  the  Municipality,  and  distributed 
according  to  law  by  the  Distributing  Clerk  within  the  poll- 
ing place.  And  no  ticket  must  be  distributed  by  the  Dis- 
tributing Clerk,  or  permitted  to  be  used  by  the  Election 
Officers,  which  has  any  mark  or  thing  on  the  back  or  out- 
side whereby  it  might  be  distinguished  from  any  other  bal- 
lot legally  used  on  the  same  day.  No  ballot  or  ticket  printed 
in  imitation  of  the  legal  ticket  furnished  by  the  County 
Auditor,  or,  in  the  case  of  municipal  elections,  by  the  Clerk 
of  the  Municipality,  according  to  law,  shall  be  circulated 
on  the  day  of  election,  or  brought  into  the  polling  place,  and 
no  elector  shall  be  permitted  to  vote  any  other  ballot  than 
the  one  he  received  from  the  Distributing  Clerk. 

Hist.     C.  L.  408. 


58  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Penalty  Does  not  Apply  to  Electors:  The  prohibition  contained 
in  this  section  against  election  officers  furnishing  the  electors  with 
ballots  containing  distinguished  marks,  is  directed  against  the  officers 
charged  with  the  preparation  and  furnishing  of  the  ballots,  and  di- 
rects and  commands  the  officers  as  to  the  manner  and  method  of 
discharging  their  public  duties,  but  the  statute  nowhere  prescribes 
that  the  penalty  for  violating  this  duty  or  a  failure  to  faithfully  dis- 
charge it  shall  be  visited  upon  the  electors  or  avoid  the  election.  Mc- 
Grane  v.  County  of  Nez  Perce  (1910)  18  I.  714;  112  P.  312;  Ann. 
Gas.  1912A,  165;  32  L.  R.  A.  (N.  S.)  730. 

Numbering  Ballots :  To  hold  that  the  numbering  of  ballots  by  the 
election  officers  has  the  effect  of  rendering  an  election  void,  would 
place  it  within  the  power  of  the  officers  to  disfranchise  the  entire 
electorate.  McGrane  v.  County  of  Nez  Perce,  18  I.  714;  112  P.  312; 

Cited:     Huf faker  v.  Edgington  (1917)  30  I.  179;  163  P.  793. 

SEC.  577.  Folding  of  Ballots:  Every  ballot  used  at  any 
general  election  must,  before  it  is  handed  to  the  voter,  be 
folded  by  the  distributing  clerk  along  the  line  separating 
the  two  columns  on  said  ballot  and  stamped  on  the  outside 
with  the  official  election  stamp.  After  the  ballot  has  been 
marked  by  the  voter,  it  shall  be  folded  in  the  same  manner 
so  as  to  conceal  its  contents  and  to  expose  the  impression  of 
the  official  election  stamp  on  the  back. 

Hist.    C.  L.  409.     Laws  1917,  ch.  93,  sec.  3,  p.  322. 

SEC.  578.  Distribution  of  Ballots.  It  shall  be  the  duty  of 
the  County  Auditor  of  the  County  (or  the  Municipal  Clerk 
in  the  case  of  Municipal  Elections),  to  furnish  and  cause  to 
be  delivered  to  the  Judges  of  Election  of  each  election  pre- 
cinct within  the  county  (or  within  the  municipality,  in  the 
case  of  municipal  elections),  in  which  an  election  is  to  be 
held,  at  the  polling  place  of  the  precinct  before  the  opening 
of  the  polls,  the  proper  number  of  tickets  required  by  this 
title:  Provided,  That  not  less  than  sixty  (60)  tickets  shall 
be  furnished  for  each  fifty  (50)  electors  registered  in  each 
precinct  in  the  county  (and  in  the  case  of  municipal  elec- 
tions, each  precinct  in  the  municipality). 
Hist.  C.  L.  410.  Laws  1913,  p.  384. 

SEC.  579.  Record  of  Number  of  Ballots.  The  County  Au- 
ditor of  each  county  shall  keep  a  record  of  the  number  of 
tickets  printed  and  furnished  to  each  polling  place  and  pre- 
serve the  same  for  one  year. 

Hist,     C.  L.  411. 

SEC.  580.  Delivery  of  and  Receipt  of  Supplies.  The  re- 
quired number  of  tickets,  together  with  the  official  stamp 
and  ink  pad  for  the  purpose  of  stamping  or  designating  the 
official  tickets,  as  hereinbefore  provided,  shall  be  delivered 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  59 

to  the  Judges  of  Election  in  sealed  packages,  with  marks  on 
the  outside  clearly  designating  the  polling  place  for  which 
they  are  intended,  upon  receipt  of  which  at  least  a  majority 
of  the  Judges  of  Election  must  return  receipts  therefor  to 
the  County  Auditor  in  case  of  county  elections,  and  to  the 
clerk  of  the  municipality  in  case  of  municipal  elections,  and 
the  several  auditors  and  clerks  shall  preserve  the  receipts 
for  one  year. 

Hist.     C.  L.  412. 

SEC.  581.  Instruction  Cards  and  Sample  Ballots.  The 
County  Auditor  of  each  county  in  case  of  a  general  election, 
and  the  several  city  clerks  in  case  of  city  elections,  shall  pre- 
pare full  instructions  for  the  guidance  of  voters  at  such 
elections,  as  to  obtaining  tickets,  as  to  the  maner  of  mark- 
ing them,  and  as  to  obtaining  new  tickets  in  place  of  those 
accidentally  spoiled,  and  they  shall  respectively  cause  the 
same,  together  with  copies  of  Sections  8111,  8112,  and  8113, 
of  the  title  relating  to  crimes  against  the  elective  franchise, 
to  be  printed  in  large,  clear  type,  on  separate  cards,  to  be 
called  Cards  of  Instruction.  The  County  Auditor  of  each 
county,  and  the  several  city  clerks  in  case  of  a  municipal 
election,  shall  furnish  four  such  cards  to  the  Judges  of  Elec- 
tion in  each  precinct,  and  one  additional  card  for  each  fifty 
registered  electors  or  fractional  part  thereof,  at  the  same 
time  and  in  the  same  manner  as  the  printed  tickets.  The 
Judges  of  Election  shall  post  not  less  than  one  of  such  cards 
in  each  place  or  compartment  provided  for  the  preparation 
of  tickets,  and  not  less  than  three  of  such  cards  elsewhere 
in  and  about  the  polling  places,  upon  the  day  of  election. 
The  County  Auditor  of  each  county,  and  the  several  city 
clerks  in  case  of  a  municipal  election,  shall  cause  to  be  print- 
ed on  tinted  or  colored  paper,  without  official  indorsement  of 
any  kind,  and  furnish  to  the  Judges  of  Election  of  each  elec- 
tion precinct,  at  the  same  time  and  in  the  same  manner  as 
the  official  tickets  and  official  stamps,  six  sample  or  speci- 
men tickets  and  one  additional  sample  ticket  for  each 
fifty  registered  electors  or  fractional  part  thereof  in  the 
precinct.  The  sample  tickets  shall  be  printed  like  the  offi- 
cial or  regular  tickets,  and  of  the  same  size  without  the  stub. 
There  shall  be  posted  in  each  of  the  compartments  or  booths, 
one  of  the  sample  tickets  without  the  official  stamp,  and  not 
less  than  four  such  tickets  shall  be  posted  elsewhere  in  and 
about  the  polling  places  on  the  day  of  election.  It  shall  be 


60  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

the  duty  of  the  same  officers,  at  the  same  time  and  in  the 
same  maner,  to  provide  and  furnish  to  each  polling  place 
proper  and  necessary  supplies  and  conveniences  for  mark- 
ing the  tickets. 

Hist.     C.  L.  413. 

CHAPTER  X. 

COMPILED  STATUTES,  CH.  33. 
CONDUCT  OF  ELECTIONS. 

SEC.  582.  Election  Officers  to  Take  Oath.  Before  opening 
the  polls,  all  officers  of  election  must  take  and  subscribe  an 
oath  to  faithfully  perform  the  duties  imposed  upon  them  by 
law.  Any  elector  of  the  township  may  administer  and  cer- 
tify such  oath. 

Hist.    C.  L.  414. 

SEC.  583.  Opening  and  Closing  of  Polls.  At  all  elections  to 
be  held  under  this  title,  the  polls  must  be  opened  at  the  hour 
of  eight  o'clock  in  the  forenoon,  if  the  regularly  appointed 
judges  of  election  and  distributing  clerk  are  present;  but  in 
case  they  are  not  present,  then  the  polls  must  not  be  opened 
by  the  Judges  or  Distributing  Clerk  elected  until  the  hour  of 
nine  o'clock,  unless  a  majority  of  the  regularly  appointed 
Judges  are  present,  and  the  polls  must  continue  open  until 
seven  o'clock  in  the  evening  of  the  same  day,  at  which  time 
the  polls  must  be  closed ;  and  upon  opening  the  polls,  one  of 
the  clerks,  under  the  direction  of  the  Judges,  must  make 
proclamation  of  the  same ;  and  thirty  minutes  before  closing 
the  polls,  proclamation  must  be  made  in  like  manner,  and 
the  polls  closed  in  half  an  hour  thereafter. 
Hist.  C.  L.  415. 

SEC.  584.  CJianging  Polling  Place.  Whenever  it  shall  be- 
come impossible  or  inconvenient  to  hold  an  election  at  the 
place  designated  therefor,  the  Judges  of  Election,  after  hav- 
ing assembled  as  near  as  practicable  to  such  place,  and  be- 
fore receiving  any  vote,  may  adjourn  to  the  nearest  conven- 
ient place  for  holding  the  election,  and  at  such  adjourned 
place  forthwith  proceed  with  the  election. 
Hist.  C.  L.  416. 

SEC.  585.  Same :  Proclamation  and  Notice.  Upon  ad- 
journment any  election,  as  provided  in  the  preceding  section, 
the  judges  shall  cause  proclamation  thereof  to  be  made,  and 
shall  post  a  notice  upon  the  place  where  the  adjournment 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  61 

was  made  from,  notifying  electors  of  the  change  of  polling 
place. 

Hist.     C.  L.  417. 

SEC.  586.  Opening  Ballot  Boxes.  Before  receiving  any 
ballots  the  Judge  must,  in  the  presence  of  any  persons  as- 
sembled at  the  polling  place,  open  and  exhibit,  close  and  lock, 
the  ballot  boxes,  and  thereafter  they  must  not  be  removed 
from  the  polling  place  until  all  the  ballots  are  counted,  nor 
must  they  be  opened  until  after  the  polls  are  finally  closed, 
and  then  in  the  presence  of  bystanders :  Provided,  That  in 
precincts  having  two  sets  of  election  officers  and  duplicate 
ballot  boxes,  as  provided  for  in  Sections  627  to  631,  inclu- 
sive, of  this  title,  said  ballot  boxes  may  be  opened  during 
the  election  for  the  purpose  of  counting  the  ballots  as  in 
said  sections  provided. 

Hist.     C.  L.  418. 

SEC.  587.  Opening  Supplies.  The  Judges  of  Election  on 
the  opening  of  the  polls,  must  break  the  sealed  packages  of 
election  tickets,  official  stamp  and  other  supplies,  in  the 
presence  of  bystanders. 

Hist.     C.  L.  419. 

SEC.  588.  Judges  May  Administer  Oaths.  Either  Judge 
may  administer  and  certify  any  oath  required  to  be  adminis- 
tered during  the  progress  of  an  election,  and  either  Judge 
may  challenge  a  voter  of  whose  qualifications  to  vote  he  is 
in  doubt,  but  in  such  case  one  of  the  remaining  Judges  must 
administer  the  oath. 

Hi«t.    C.  L.  420. 

SEC.  589.  Duties  of  Constable.  The  constable  of  the  pre- 
cinct shall  be  in  attendance  at  the  polling  place  on  the  day 
of  election,  and,  where  there  is  no  constable,  the  Judges  of 
Election  may  appoint  some  capable  person  to  act  as  such 
during  the  election,  and  he  shall  have  the  power  to  make  ar- 
rests for  disturbance  of  the  peace,  as  provided  by  law  for 
such  officers,  and  he  shall  allow  no  one  within  the  guard 
rail  of  the  polling  place  except  those  who  go  to  vote,  and 
shall  allow  but  one  elector  in  a  compartment  at  one  time. 
Hist.  C.  L.  421. 

SEC.  590.     Voting  to  Continue  During  Election.      Voting 
may  commence  as  soon  as  the  polls  are  opened,  and  may  be 
continued  during  all  the  time  the  polls  remain  open. 
Hist.     C.  L.  422. 


62  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  591.  Delivery  of  Ticket  to  Elector.  An  elector  desir- 
ing to  vote  shall  give  his  name  and,  if  requested,  to  do  so, 
his  residence,  to  one  of  the  Clerks  of  Election,  who  shall 
thereupon  announce  the  same  in  a  loud  and  distinct  tone  of 
voice,  clear  and  audible,  and  if  such  name  is  found  on  the 
check  list  by  the  election  officer  having  charge  thereof,  he 
shall  likewise  repeat  the  said  name,  and  the  voter  shall  be 
allowed  to  enter  the  space  enclosed  by  the  guard  rail  as 
hereinbefore  provided.  The  Distributing  Clerk  shall  give 
him  one,  and  only  one,  ticket,  and  his  name  shall  be  imme- 
diately checked  on  said  list  by  placing  a  mark  on  the  regis- 
try list  to  denote  that  he  has  received  a  ticket,  and  the 
ticket  must  be  stamped  on  the  back  and  near  the  top  of  the 
ticket  with  the  official  stamp  by  the  Distributing  Clerk,  and 
thereupon  delivered  to  the  elector.  Besides  the  election  of- 
ficers, not  more  than  one  voter,  in  excess  of  the  voting 
shelves  or  compartments  provided,  shall  be  allowed  in  said 
enclosed  space  at  one  time. 

Hist.     C.  L.  423. 

SEC.  592.  Manner  of  Voting :  On  receipt  of  his  ticket  the 
voter  shall  forthwith  and  without  leaving  the  enclosed  space 
retire  alone  to  one  of  the  voting  shelves  or  compartments  so 
provided  and  shall  prepare  his  ticket  by  marking  in  the  ap- 
propriate margin  or  placing  a  cross  (X)  opposite  the  name 
of  the  candidate  of  his  choice  for  each  office  to  be  filled,  or 
by  filling  in  or  writing  the  name  of  the  person  for  whom 
he  wishes  to  vote  in  the  blank  space  provided  therefor  under 
each  office  to  be  filled  and  following  the  names  of  the  regu- 
larly nominated  candidates  and  marking  a  cross  (X)  oppo- 
site such  names.  In  voting  for  presidential  electors  he  shall 
mark  a  cross  (X)  opposite  the  political  designation  of  the 
candidates  for  President  and  Vice-President  for  whom  he 
wishes  to  vote  or  by  writing  in  the  names  of  persons  for 
Presidential  Electors  in  the  blank  spaces  provided  therefor 
and  marking  a  cross  (X)  oposite  such  names.  In  case  of 
a  question  submitted  to  the  vote  of  the  people  and  appear- 
ing on  the  regular  ballot,  he  shall  mark  in  the  appropriate 
margin  or  square  a  cross  (X)  against  the  answer  which  he 
desires  to  give.  In  case  of  questions  submitted  to  voters 
of  particular  localities  at  special  elections,  he  shall  vote  by 
marking  in  the  appropriate  margin  or  circle  the  cross  (X) 
against  the  answer  which  he  desires  to  give.  Before  leav- 
ing the  voting  shelf  or  compartment  the  voter  shall  fold 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  63 

his  ticket  without  displaying  the  marks  thereon  so  as  to  ex- 
pose the  impression  of  the  official  stamp  on  the  back  and  he 
shall  keep  the  same  so  folded  until  he  has  voted.  In  case  of 
the  ballot  voted  at  regular  general  election,  he  shall  fold  the 
same  in  the  same  manner  in  which  it  is  folded  by  the  dis- 
tributing clerk  before  being  given  to  the  voter.  After  mark- 
ing his  ballot  the  voter  shall  hand  it  to  one  of  the  judges 
and  announce  his  name.  He  shall  mark  his  ticket  or  ballot 
without  delay  and  shall  quit  said  enclosed  space  as  soon  as 
he  has  voted. 

No  such  voter  shall  be  allowed  to  occupy  a  voting  shelf  or 
compartment  already  occupied  by  another,  nor  to  remain 
within  said  enclosed  space  more  than  ten  minutes,  nor  to 
occupy  a  voting  shelf  or  compartment  more  than  five  min- 
utes in  case  all  of  such  shelves  or  compartments  are  in  use 
and  other  voters  are  waiting  to  occupy  the  same.  No  voter, 
not  an  election  officer,  whose  name  has  been  checked  on  the 
list  of  the  election  officers,  shall  be  allowed  to  re-enter  said 
enclosed  space  during  said  election.  It  shall  be  the  duty  of 
the  judges  for  the  time  being  to  secure  the  observance  of 
the  provisions  of  this  section :  Provided,  That  if  any  regis- 
tered elector,  who  is  blind  or  otherwise  disqualified  by  rea- 
son of  physical  infirmities  rendering  such  voter  incapable 
of  personally  marking  his  ballot,  desires  to  vote,  then  and  in 
that  case  any  two  of  the  judges  not  of  the  same  political 
party  may,  at  the  request  of  such  elector,  mark  and  prepare 
his  ballot  for  him,  placing  an  (X)  mark  in  the  proper  place 
and  opposite  the  names  of  the  candidates  for  whom  such 
elector  desires  to  vote.  When  the  ballot  so  marked  by  the 
judges  is  properly  prepared  and  folded  it  shall  be  given  to 
the  elector,  who  shall  deliver  it  to  the  proper  judge  to  be 
deposited  in  the  ballot  box,  as  in  other  cases.  The  judges 
assisting  any  such  physically  incapacitated  elector  in  the 
preparation  of  his  ballot  must  not  influence  or  attempt  to 
influence  such  voter  in  the  selection  of  candidates  to  be  voted 
for;  and  any  judge  who  has  assisted  any  such  elector  who 
shall  divulge  to  any  person  the  name  of  any  candidate  for 
whom  such  elector  voted  shall  be  guilty  of  a  misdemeanor. 
Hist.  C.  L.  424. 

Cross  Reference'.     As  to  manner  of  voting,  see  Sec.  533,  Compiled 
Statutes. 

SEC.  592.    Spoiled  Ballots.    No  person  shall  take  or  re- 
move any  ticket  from  the  polling  place  before  the  close  of 


64  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

the  polls.  If  an  elector  inadvertently  or  by  mistake  spoils  n. 
ticket,  he  shall  return  it  folded  to  the  distributing  clerk,  who 
must,  if  satisfied  of  such  inadvertence,  give  him  another 
ticket.  The  ticket  thus  returned  shall,  without  examina- 
tion, be  immediately  cancelled  by  writing  across  the  back, 
or  outside  of  the  ticket  as  folded,  the  words  ' 'Spoiled  ticket, 
another  issued,"  and  deposit  the  defaced  ticket  in  a  box  pro- 
vided for  that  purpose.  And  no  one  shall  be  allowed  within 
the  guard  rails  of  the  polling  place,  except  the  election  offi- 
cers duly  apointed,  together  with  the  number  of  voters,  as 
provided  in  this  chapter. 

Hist.     C.  L.-425. 

Cross  Reference:  Number  of  voters  allowed  inside  the  rails,  see 
Sec.  591,  Compiled  Statutes. 

SEC.  594.  Deposits  of  Ballots  in  Box.  The  Judge  to  whom 
any  ballot  may  be  delivered  shall,  upon  the  receipt  thereof, 
pronounce  in  an  audible  voice  the  name  of  the  elector,  and  if 
no  objection  shall  be  made  to  him,  and  the  Judges  are  satis- 
fied that  he  is  a  legal  voter,  and  is  duly  registered,  and  the 
official  stamp  is  plainly  visible  on  the  outside  of  the  folded 
ballot,  he  shall,  without  opening  or  examining,  immediately 
deposit  the  ballot  in  the  ballot  box,  and  the  clerks  of  the  elec- 
tion shall  enter  the  name  of  the  elector  in  the  poll  books. 
Hist.  C.  L.  426. 

SEC.  595.  Same :  Unstamped  Ballots :  No  Judge  of  Elec- 
tion shall  deposit  in  any  ballot  box  any  ballot  upon  which 
the  official  stamp  ,as  hereinbefore  provided,  for,  does  not 
appear.  Every  person  violating  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a  misdemeanor. 
Hist.  C.  L.  426A. 

SEC.  596.  Officers  Not  to  Divulge  Information.  No  of- 
ficer, Judge  or  Clerk  shall  communicate,  except  for  some 
purpose  authorized  by  law,  before  the  polls  are  closed,  any 
information  as  to  the  name  or  number  on  the  registry  list  of 
any  elector  who  has  not  applied  for  a  ticket,  or  who  has  not 
voted  at  the  polling  place ;  and  no  officer,  judge  or  clerk,  or 
other  person  whomsoever,  shall  interfere  with,  or  attempt 
to  interfere  with,  a  voter  when  marketing  his  ticket.  No 
officer,  judge  or  clerk,  or  other  person,  shall  directly  or  in- 
directly, attempt  to  induce  any  voter  to  display  his  ticket 
after  he  shall  have  marked  the  same,  or  to  make  known  to 
any  person  the  name  of  any  candidate  for  or  against  whom 
he  may  have  voted. 
Hist.  C.  L.  427. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  65 

SEC.  597.  Challenging  Voters.  In  case  any  person  offer- 
ing to  vote  is  challenged,  one  of  the  judges  must  declare 
the  qualifications  of  an  elector  to  such  person;  if  the  per- 
son so  challenged  then  declare  himself  duly  qualified,  and 
the  challenge  is  not  withdrawn,  one  of  the  judges  must  then 
tender  him  the  Elector's  Oath  as  provided  by  law. 
Hist.  C.  L.  428.  Laws  1913,  p.  379. 

SEC.  598.  Same :  Special  qualifications.  At  any  election 
where  special  qualifications  are  prescribed  by  law  where  a 
voter  offers  himself  to  vote  and  is  challenged,  he  shall  be 
advised  by  the  election  judge  of  such  special  qualification, 
and  if  he  still  desires  to  vote,  and  the  challenge  be  not  with- 
drawn, he  shall  be  required  to  take  and  subscribe  the  follow- 
ing oath : 

"State  of  Idaho,  )  gg 

County  of j  " 

I, ,  being  duly  sworn,  on  my  oath  depose  and 

say  that  I  possess  the  qualifications  required  and  prescribed 
by  Section  502,  Compiled  Statutes  of  Idaho,  and  in  addition 
thereto  that  I  possess  the  following  qualifications :  (here  in- 
sent  special  qualifications.) 


Subscribed  and  sworn  to  before  me  this day  of 

,  19 


Election  Judge." 

Hist.     C.  L.  428a.  Laws  1913,  c.  92  par.  12,  p.  .376. 

SEC.  599.  Same :  Challenge  for  Want  of  Citizenship.  If 
the  person  be  challenged  as  unqualified,  on  the  ground  that 
he  is  not  a  citizen,  and  will  not  exhibit  his  papers  pertaining 
to  his  naturalization,  the  judges,  or  one  of  them,  shall  put 
the  following  questions: 

1.  Are  you  a  citizen  of  the  United  States? 

2.  Are  you  a  native  or  naturalized  citizen? 

3.  Have  you  become  a  citizen  of  the  United  States  by 
reason  of  the  naturalization  of  your  parents  or  one  of  them  ? 

4.  Where  were  your  parents,  or  one  of  them,  natural- 
ized? 

If  the  person  offering  to  vote  claims  to  be  a  naturalized 
citizen  of  the  United  States,  he  shall  state,  under  oath,  when 
and  in  what  court  he  was  naturalized. 
Hist.     C.  L.  429. 


66  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  600.  Same :  For  Conviction  of  Felony.  If  the  chal- 
lenge is  on  the  ground  that  the  person  challenged  has  been 
convicted  of  felony  and  has  not  been  pardoned,  he  must  not 
be  questioned ;  but  the  fact  may  be  proved  by  the  production 
of  an  authenticated  copy  of  the  record,  or  by  the  oral  testi- 
mony of  two  witnesses  and  the  non-production  of  a  pardon. 

Hist.     C.  L.  430. 

SEC.  601.  Same:  For  Want  of  Residence:  For  Non-age. 
If  the  person  be  challenged  as  unqualified  on  the  ground 
that  he  has  not  resided  in  this  state  for  six  months  imme- 
diately preceding  the  election,  the  judges,  or  one  of  them, 
shall  put  the  following  questions : 

1.  Have  you  resided  in  this  State  for  six  months  imme- 
diately preceding  the  election,  and  during  that  time  have 
you  retained  a  home  or  domicile  elsewhere? 

2.  Have  you  been  absent  from  this  State  within  the  six 
months  immediately  preceding  this  election? 

3.  If  so,  when  you  left,  was  it  for  a  temporary  purpose, 
with  the  design  of  returning  or  did  you  intend  remaining 
away? 

4.  Did  you,  while  absent,  look  upon  and  regard  this 
State  as  your  home? 

5.  Did  you,  while  absent,  vote  in  any  State  or  Territory? 

If  the  person  be  challenged  on  the  ground  that  he  has  not 
resided  in  the  county  thirty  days,  one  of  the  judges  shall 
question  him  as  to  his  residence  in  the  county,  precinct  or 
ward  in  a  manner  similar  to  the  before-mentioned  method 
of  questioning  a  person  as  to  his  residence  in  this  State. 

If  the  person  be  challenged  as  unqualified  on  the  ground 
that  he  is  not  twenty-one  years  of  age,  the  judges,  or  one  of 
them,  shall  put  the  following  questions :  "Are  you  twenty- 
one  years  of  age,  to  the  best  of  your  knowledge  and  belief?" 
The  judges  of  election,  or  one  of  them,  shall  put  all  such 
other  questions  to  the  person  challenged  under  the  respec- 
tive heads  aforesaid,  as  may  be  necessary  to  test  his  qualifi- 
cations as  an  elector  at  that  election. 

Hist.     C.  L.  431. 

SEC.  602.  Same:  Residence:  How  Determined.  The 
Judges  of  Election,  in  determining  the  residence  of  a  person 
offering  to  vote,  shall  be  governed  by  the  following  rules,  so 
far  as  they  may  be  applicable : 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  67 

1.  That  place  shall  be  held  and  considered  to  be  the  resi- 
dence of  a  person  in  which  his  habitation  is  fixed,  and  to 
which,  whenever  he  is  absent,  he  has  the  intention  of  re- 
turning. 

2.  A  person  shall  not  be  considered  or  held  to  have  lost 
his  residence  who  shall  leave  his  home  and  go  into  another 
State,  Territory  or  county  of  this  State,  for  temporary  pur- 
pose merely  with  an  intention  of  returning. 

3.  If  a  person  remove  to  any  other  State  or  to  any  of  the 
Territories,  with  the  intention  of  making  it  his  permanent 
residence,  he  shall  be  considered  and  held  to  have  lost  his 
residence  in  this  State. 

4.  If  a  person  remove  from  one  county  in  this  State  to 
any  other  county  in  the  State  with  the  intention  of  making 
it  his  permanent  residence,  he  shall  be  considered  and  held 
to  have  lost  his  residence  in  the  county  from  which  he  re- 
moved. 

Hist.     C.  L.  432. 

SEC.  603.  Oath  of  Challenged  Person.  If  the  challenge  be 
not  withdrawn  after  the  person  offering  to  vote  shall  have 
answered  the  questions  put  to  him  as  aforesaid,  one  of  the 
judges  shall  tender  to  him  the  following  oath:  "You  do 
solemnly  swear  (or  affirm)  that  you  are  a  citizen  of  the 
United  States,  of  the  age  of  twenty-one  years;  that  you 
have  been  a  resident  of  this  State  for  six  months  next  im- 
mediately preceding  this  election,  and  have  not  retained  a 
home  or  domicile  elsewhere ;  that  you  have  been  for  the  last 
thirty  days,  and  now  are,  a  resident  of  this  county,  and  that 
you  have  not  voted  at  this  election." 

Hist.     C.  L.  433. 

SEC.  604.  Duty  of  Clerks.  Whenever  any  person's  vote 
shall  be  received  after  having  taken  the  oath  or  affirmation 
prescribed  in  the  preceding  section,  it  shall  be  the  duty  of 
the  clerk  of  the  election  to  write  on  the  poll  books,  at  the; 
end  of  the  person's  name,  "Sworn." 

'Hist.     C  .L.  434. 

SEC.  605.  Judge's  Duty  to  Challenge.  It  shall  be  the  duty 
of  any  judge  of  election  to  challenge  any  person  offering  to 
vote  whom  he  believes  not  to  be  qualified  as  an  elector. 
Hist.     C.  L.  435. 


68  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  606.  Refusal  to  Take  Oath.  If  any  person  challenged 
refuses  to  take  the  oath  or  affirmation  tendered,  or  refuses 
to  be  sworn  and  to  answer  the  questions  touching  the  mat- 
ter of  naturalization,  he  must  not  be  allowed  to  vote :  Pro- 
vided, That  after  such  oath  shall  have  been  taken,  the  judges 
may  nevertheless  refuse  to  permit  such  person  to  vote  if 
they  shall  be  satisfied  that  he  is  not  a  legal  voter. 

Hist.     C.  L.  436. 

Cited:  Olympia  M.*  &  M.  Co.  v.  Kerns  (1913)  24  I.  881;  135  P. 
255;  59  L.  Ed.  542;  35  S.  C.  R.  415;  236  U.  S.  211;  Ann.  Cas.  1917C, 
1021. 

SEC.  607.  Disposal  of  Stubs  and  Defaced  Tickets.  As  soon 
as  the  polls  are  finally  closed  the  distributing  clerk  must  de- 
liver to  the  Judges  of  Election  the  book  or  books  of  tickets 
from  which  tickets  have  been  taken  during  the  election,  and 
the  box  containing  the  defaced,  mutilated  or  returned 
ballots. 

Hist.     C.  L.  437. 

SEC.  608.  Form  of  Poll  Lists.  The  following  is  the  form 
of  poll  lists  to  be  kept  by  the  judges  and  clerks  of  election : 

Pott  Lists. 

Of  the  election  held  in  the  precinct  of ,  in  the 

County  of ,  on  the day  of ,  in 

the  year  A.  D.  one  thousand  nine  hundred  and , 

A.  B.,  C.  D.,  and  E.  F.,  Judges,  and  G.  H.,  I.  J.,  and  K.  L., 
Clerks  of  said  election,  were  respectively  sworn  (or  af- 
firmed), as  the  law  directs,  previous  to  their  entering  on 
the  duties  of  their  respective  offices. 

Number  and  Names  of  Electors  Voting. 


NO. 

NAME                  ! 

NO. 

NAME 

1 

o 

A.B. 
C.D. 

3 
4 

E.  F. 
G.H. 

We  hereby  certify  that  the  number  of  electors  voting  at 

this  election  amounts  to 

Attest: 

G.  H.,    )  A.  B.,    ) 

I.  J.,      V  Clerks.  C.  D.,    V  Judges  of  Election. 

K.  L.,    )  E.  F.,    ) 

Hist.     C  .L.  438. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  69 

CHAPTER  XL 

COMPILED  STATUTES,  CH.  34. 
ABSENT  VOTING. 

SEC.  609.  Absent  Voting  Authorized.  Any  qualified  elec- 
tor of  the  State,  of  Idaho  who  is  absent  or  expects  to  be  ab- 
sent from  the  election  precinct  in  which  he  resides  on  the 
day  of  holding  any  election  under  any  of  the  laws  of  this 
State  in  which  an  official  ballot  is  required,  and  if  registra- 
tion is  required  for  such  election,  who  is  duly  registered 
therefor,  may  not  vote  at  any  such  election,  as  hereinafter 
provided. 

Hist.     C.  L.  32:  1.  Laws  1917,  ch.  142,  sec.  1,  p.  453. 

SEC.  610.  Application  for  Ballot.  Any  such  absent  elector 
may  make  application  to  the  county  auditor,  the  city  clerk  or 
other  proper  officer  charged  by  law  with  the  duty  of  issu- 
ing official  ballots  for  such  election,  on  a  blank  to  be  fur- 
nished by  such  issuing  officer,  for  an  official  ballot  or  ballots 
of  the  kind  or  kinds  to  be  voted  on  at  such  election,  which 
application  shall  be  made  not  more  than  fifteen  (15)  days 
nor  less  than  one  (1)  day  preceding  such  election  ,and  shall 
be  duly  signed  and  sworn  to  by  such  elector  before  an  officer 
authorized  to  administer  oaths  and  shall  be  in  substantially 
the  following  form : 

"APPLICATION  FOR  BALLOT  TO  BE  VOTED  AT 
THE ELECTION, ,  19 

State  of 


County  of 

I,  ,  do  solemnly 

swear  that  I  am  a  duly  qualified  and  registered  elector  of 

the  State  of  Idaho  and  of County, 

at in  the election 

precinct.  I  expect  to  be  absent  from  said  election  precinct  on 
the  date  of  said  election.  I  hereby  apply  for  an  official  bal- 
lot or  ballots  to  be  voted  by  myself  at  such  election. 

Signed, 

Subscribed  and  sworn  to  before  me  this day 

of _ ,  19 

(Official  Title)." 

Provided,  That  if  for  a  primary  election  ballot,  such  appli- 
cation shall  designate  the  applicant's  political  affiliation. 


70  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

The  blanks  in  said  statement  shall  be  filled  by  the  issuing 
officer  to  the  extent  necessary  to  identify  the  election  at 
which  said  ballot  or  ballots  are  proposed  to  be  cast.  The  is- 
suing officer  shall  keep  as  a  part  of  the  records  of  his  office 
a  list  of  all  applications  so  received  and  of  the  maner  and 
time  of  delivery  of  ballots  thereon. 

Hist.     C.  L.  32:  2.     Laws  1917,  ch.  142,  sec.  2,  p.  454. 

SEC.  611.  Issuance  of  Ballot:  The  officer  receiving  such 
application  shall  forthwith  deliver  to  said  applicant  elector 
personally  or  shall  mail  to  him  by  registered  mail,  postage 
prepaid,  an  official  ballot  or  ballots,  one  of  each  kind  thereof, 
to  be  voted  on  by  the  electorate  at  such  election. 

Hist.     C.  L.  32:3.     Laws  1917,  ch.  142,  sec.  3,  p.  454. 

SEC.  612.  Folding  of  Ballots:  Inclosure.  Such  officer 
shall  fold  said  ballot  or  ballots  as  specified  in  the  law  con- 
trolling in  said  election  and  enclose  same  in  an  official  en- 
velope, unsealed,  to  be  furnished  by  him,  which  envelope 
shall  bear  on  its  face  the  name,  official  title  and  postoffice 
address  of  such  officer,  and  on  the  other  side  a  printed  state- 
ment substantially  as  follows : 

"I  am  a  duly  qualified  and  registered  elector  of  the  State 

of  Idaho, County,  

election  precinct.    My  personal  attendance  in  said  election 

precinct  on ,  19... ,  the  date  of  the 

election  in  said  precinct,  is  prevented. 

Dated ,  19 

Signed:  " 

Provided,  That  if  the  ballot  or  ballots  enclosed  are  for  a 
primary  election,  the  statement  must  designate  the  elector's 
political  affiliation. 

The  blanks  in  said  statement  shall  be  filled  by  such  issu- 
ing officer  to  the  extent  necessary  to  identify  the  election  at 
which  said  ballot  or  ballots  are  proposed  to  be  cast.  There 
shall  also  be  printed  upon  the  back  of  said  official  envelope 
a  copy  of  Section  613  and  621  of  this  Chapter. 

Hist.     C.  L.  32:     4.  Laws  1917,  ch.  142,  sec.  4,  p.  455. 

SEC.  613.  Return  of  Ballot:  On  marking  such  ballot  or 
ballots  such  absent  elector  shall  refold  same  as  theretofore 
folded  and  shall  enclose  the  same  in  said  official  envelope 
and  seal  said  envelope  securely  and  mail  by  registered  mail 
or  deliver  it  in  person  to  the  officer  who  issued  same  at  least 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  71 

one  (1)  day  before  the  date  of  such  election.  Said  ballot  or 
ballots  shall  be  so  marked,  folded  and  sealed  by  said  voter 
in  private  and  secretly. 

Hist.     C.  L.  32:  5.     Laws  1917,  Ch.  142,  Sec.  5,  p.  455. 

SEC.  614.  Transmission  of  Ballots  to  Polls:  On  receipt  of 
such  absent  elector's  ballot  or  ballots  said  officer  receiving- 
same  shall  forthwith  enclose  same,  unopened,  together  with 
the  application  upon  which  said  ballot  or  ballots  were  issued, 
in  a  carrier  envelope  endorsed  with  the  name  and  official 
title  of  such  officer  and  the  words :  "Absent  Voter's  Ballot, 
to  be  opened  only  at  the  polls  on  election  day  while  said  polls 
are  open."  He  shall  hold  the  same  until  the  delivery  of  the 
official  ballots  to  the  judges  of  election  of  the  precinct  in 
which  said  elector  resides  and  shall  deliver  said  ballot  or  bal- 
lots to  said  judges  with  such  official  ballots,  or  in  case  said 
ballot  or  ballots  are  received  by  such  officer  after  the  deliv- 
ery of  the  official  ballots  to  such  judges  he  shall  forthwith, 
upon  its  receipt,  enclose  it  in  a  carrier  envelope,  as  hereto- 
fore prescribed,  addressed  to  the  judges  of  such  election 
precinct  in  their  official  capacity  and  mail  the  same,  post- 
age prepaid,  to  such  judges  of  election  or  deliver  or  send 
the  same  by  agent  to  such  judges  without,  however,  incur- 
ring any  expense  for  such  delivery  to  the  county  or  munici- 
pality, as  the  case  may  be. 

Hist.     C.  L.  32:  6.     Laws  1917,  Ch.  142,  Sec.  6,  p.  455. 

SEC.  615.  Deposit  of  Ballot:  Between  the  opening  and 
closing  of  the  polls  on  such  election  day  the  judges  of  elec- 
tion of  such  precinct  shall  open  the  carrier  envelope  only, 
announce  the  absent  voter's  name  and  compare  the  signa- 
ture upon  the  application  with  the  signature  of  the  ballot 
envelope,  and  in  case  they  find  such  signatures  to  corre- 
spond and  the  applicant  to  be  a  duly  qualified  elector  of  the 
precinct  and  that  he  has  not  theretofore  voted  at  said  elec- 
tion they  shall  open  the  ballot  envelope  and  remove  the  bal- 
lot or  ballots  without  destroying  the  endorsements  on  the 
envelope,  or  unfolding  nor  permitting  the  ballot  or  ballots 
to  be  unfolded,  and  having  endorsed  the  ballot  or  ballots  as 
other  ballots  are  required  to  be  endorsed  shall  deposit  the 
same  in  the  proper  ballot  box  and  cause  the  absent  voter's 
name  to  be  entered  on  the  poll  books  the  same  as  though  he 
had  been  present  and  voted  in  person. 

Hist.     C.  L.  32:  7.     Laws  1917,  Ch.  142,  Sec.  7,  p.  456. 


72  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  616.  Rejection  of  Defective  Ballots:  The  judges 
shall  reject  such  ballot  or  ballots  as  do  not  conform  to  th^ 
foregoing  requirements,  or  in  case  the  ballot  envelope  has 
been  theretofore  opened  or  contains  more  than  one  ballot 
of  any  one  kind,  and  rejected  ballots  shall  each  be  endorsed 
as  "Rejected,"  with  the  reasons  therefor  and  fastened  to 
the  ballot  envelope  and  application  accompanying  same.  All 
rejected  ballots  shall  be  enclosed  and  securely  sealed  in  an 
envelope  upon  which  the  judges  shall  endorse  "Defective  ab- 
sentee ballots"  with  the  name  of  the  precinct  and  the  date 
of  election  at  which  they  were  rejected,  signed  by  said 
judges,  and  shall  return  to  the  same  officer  and  in  the  same 
maner  as  by  law  provided  for  the  return  and  preservation 
of  spoiled  or  mutilated  ballots.  All  applications  and  ballot 
envelopes  shall  be  returned  by  the  judges  to  the  officer  to 
whom  the  returns  of  the  election  are  made. 

Hist.  C.  L.  32:  8.  Laws  1917,  Ch.  142,  Sec.  8,  p.  456. 
SEC.  617.  Challenging  Absentee's  Votes.  The  vote  of  any 
absent  voter  may  be  challenged  for  cause  as  though  he  were 
present  and  the  judges  of  election  shall  have  all  the  powers 
and  authority  given  by  law  to  hear  and  determine  the  legal- 
ity of  such  absentee  voter  or  ballot. 

Hist.     C.  L.  32:  9.    Laws  19i7,  Ch.  142,  Sec.  9,  p.  456. 

SEC.  618.  Effect  of  Intervening  Death  of  Absent  Voter: 
Whenever  proof  of  the  death  of  any  such  absent  voter,  oc- 
curring prior  to  the  opening  of  the  polls  for  such  election, 
shall  be  furnished  to  the  judges  at  said  election  before  the 
ballot  of  such  voter  is  voted  such  ballot  shall  be  returned 
with  unused  ballots  to  the  officer  to  whom  unused  ballots  are 
returned,  but  the  casting  of  such  ballot  shall  not  invalidate 
the  election. 

Hist.     32:  10.     Laws  1917,  Ch.  142,  Sec.  10,  p.  457. 

SEC.  619.   Double  Voting  Prohibited:    No  elector  whose 
absentee  ballot  shall  have  been  voted  at  any  election  shal! 
vote  in  person  at  such  election  and  no  absentee  ballot  of  such 
voter  shall  be  voted  if  said  elector  shall  have  theretofore 
voted  at  said  election  in  person. 
.Laws  1917,  Ch.  142,  Sec.  11,  p.  457. 
Hist.     C.  L.  32:  11. 

SEC.  620.  General  Election  Laws  Applicable :  All  the  pro- 
visions of  the  election  laws  in  force  in  this  State  at  the  time 
of  any  such  election  and  not  inconsistent  with  this  Chapter 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  73 

relative  to  the  furnishing  of  ballots  and  ballot  boxes,  the 
canvassing  and  the  making  of  return  of  the  election  and 
governing  the  election  so  held  shall  apply  with  full  force 
and  effect  to  all  cases  of  voting  created  by  virtue  hereof. 

Hist.  32:  12.  Laws  1917,  Ch.  142,  Sec.  12,  p.  457. 
SEC.  621.  Penal  Provisions:  Any  person  who  knowingly 
shall  make  falsely  the  affidavit  hereinbefore  provided  shall 
be  guilty  of  perjury,  and,  upon  conviction  thereof,  shall  be 
punished  in  the  manner  provided  by  law  for  such  offense. 
Any  person  who  falsely  personates  another  in  making  said 
application  or  statement  in  this  Chapter  provided  shall  be 
guilty  of  a  misdemeanor,  and  ,upon  conviction  thereof,  shall 
be  punished  by  imprisonment  in  the  county  jail  not  exceed- 
ing ninety  (90)  days,  or  by  a  fine  not  exceeding  Five  Hun- 
dred Dollars  ($500.00.)  If  any  person  who,  having  pro- 
cured an  official  ballot  or  ballots  as  heretofore  provided, 
shall  neglect  or  refuse  to  return  the  same  to  the  issuing 
officer  within  the  time  and  in  the  manner  in  this  Chapter 
provided  or  shall  wilfully  violate  any  provision  of  this  Chap- 
ter he  shall  be  guilty  of  a  misdemeanor  and  shall  be  pun- 
ished by  imprisonment  in  the  county  jail  not  exceeding 
ninety  (90)  days  or  by  a  fine  not  exceeding  Five  Hundred 
Dollars  ($500.00).  Official  neglect  or  malfeasance  by  any 
of  the  officers  named  in  this  Chapter  in  the  performance  of 
their  duties  created  by  virtue  of  the  provisions  hereof  is 
governed  by  the  provisions  of  Section  8096. 

Hist.     C.  L.  32:  13.    Laws  1917,  Ch.  142,  Sec.  13,  p.  457. 

SEC.  622.  Interpretation  of  Chapter :  This  Chapter  shall 
be  deemed  to  provide  a  method  of  voting  in  addition  to  the 
method  provided  by  other  statutes  and  to  such  extent  as 
amendatory  of  such  other  statutes  relating  to  the  manner 
and  method  of  voting. 

Hist.    C.  L.  32:  14.     Laws  1917,  Ch.  142,  Sec.  14,  p.  457. 

CHAPTER  XII. 

COMPILED  STATUTES,  CH.  35. 

CANVASS  OF  RETURNS. 

ARTICLE  I. 

CANVASS  OF  JUDGES. 

SEC.  623.  Canvass  of  Votes.  When  the  polls  are  finally 
closed  the  Judges  of  Election  must  immediately  proceed  to 


74  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

canvass  the  votes  given  at  such  election.  The  canvass  must 
be  public,  in  the  presence  of  bystanders,  and  must  be  con- 
tinued without  adjournment  until  completed,  and  the  result 
thereof  declared. 

Hist.     C.  L.  439. 

SEC.  624.  Comparison  of  Poll  Lists,  Ballots  and  Stubs: 
Void  Ballots.  The  canvass  must  commence  by  comparison 
of  the  poll  lists  from  the  commencement,  and  a  correction  of 
any  mistake  that  may  be  found  therein,  until  they  are  found 
to  agree.  The  box  must  then  be  opened,  and  the  ballots 
found  therein  counted  by  the  judges,  unopened  ,and  the 
number  of  ballots  in  the  box  must  agree  with  the  number 
marked  on  the  poll  list  or  registry  list  as  having  received  a 
ticket,  and  this  number,  together  with  the  number  of  de- 
faced, mutilated  and  returned  ballots,  must  agree  with  the 
number  of  stubs  or  counterfoils  in  the  books  from  which  the 
tickets  have  been  taken. 

Any  ballot  or  part  of  a  ballot  from  which  it  is  impossible 
to  determine  the  elector's  choice,  shall  be  void,  and  shall  not 
be  counted:  Provided,  That  when  a  ballot  is  sufficiently 
plain  to  gather  therefrom  a  part  of  the  voter's  intention,  it 
shall  be  the  duty  of  the  judges  to  count  such  part. 
Hist.  C.  L.  440. 

SEC.  625.  Count :  Certificates  by  Judges  and  Clerk.  The 
ballots  and  poll  lists  agreeing,  the  Board  must  then  proceed 
to  count  and  ascertain  the  number  of  votes  cast,  and  the 
clerks  must  set  down  in  their  poll  books  the  names  of  every 
person  voted  for  and  then  at  full  length  the  office  for  which 
such  person  received  such  votes,  and  the  number  he  did  re- 
ceive, the  number  being  expressed  at  full  length ;  such  entry 
to  be  made,  as  nearly  as  circumstances  will  permit,  in  the 
following  form,  to-wit : 

At  an  election  held  at  the  house  of  (A.  B.)  in  the  town 

(district  or  precinct)  of ,  in  the  County  of , 

and  in  the  State  of  Idaho,  on  the day  of : A.  D. 

,  the  following  named  persons  received  the  number 

of  votes  anexed  to  their  "respective  names  for  the  following 

described  offices,  to-wit:  (A.  B.)  has ,  votes  for  member 

of  Congress:  (I.  J.)  has votes  for  member  of  State  Sen- 
ate; (K.  L.)  has votes  for  member  of  House  of  Repre- 
sentatives, (and  in  like  manner  for  any  person  voted  for). 
Certified  by  us. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  75 

Attest: 

S.  T.    j  O.  P.,  j 

U.  V.,  Iderks  of  Election.         Q.  R.,  V  Judges  of  Election. 
W.  Y.,)  M.  N.,) 

Hist.     C.  L.  441. 

SEC.  626.  Transmission  of  Supplies  to  County  Commis- 
sioners :  Custody.  After  the  canvass  of  the  votes  the  judges 
of  election  must  enclose  and  seal  one  of  the  poll  lists  fur- 
nished by  the  Clerk  of  the  District  Court,  as  provided  by 
law;  also  all  stubs  and  unused  ticket  books,  elector's  and 
freeholders  oaths  ,defaced  or  mutilated  ballots,  and  the  elec- 
tion stamp,  under  cover,  directed  to  the  Clerk  of  the  Board 
of  County  Commissioners  of  the  county  in  which  such  elec- 
tion was  held.  The  packages  thus  sealed  must  be  delivered 
direct  to  the  said  clerk  personally,  or  transmitted  by  special 
messenger  without  expense  to  the  county,  or  deposited  in 
the  nearest  postoffice,  by  one  of  the  judges  to  be  chosen  by 
lot,  and  the  postage  thereon  and  the  fees  for  registering  the 
same  must  be  fully  prepaid,  and  said  package  must  be  duly 
registered  and  receipt  therefor  taken.  The  second  poll  list, 
together  with  the  ballots,  must  be,  by  said  judges,  placed  in 
the  ballot  box,  and  by  them  sealed  up  and  then  deposited 
with  one  of  said  judges,  to  be  decided  by  lot  if  they  cannot 
otherwise  agree;  and  the  said  poll  list  and  ballots  must  be 
kept  with  the  seal  unbroken  for  at  least  eight  months,  un- 
less the  same  is  required  as  evidence  in  a  court  of  law  in 
any  case  arising  under  the  election  laws  of  this  State,  and 
then  only  when  the  judge  having  said  ballot  box  in  charge 
is  served  with  a  subpoena  requiring  him  to  produce  the 
same  in  court  as  evidence  in  any  such  before  mentioned  case, 
when  the  same  may  be  opened  under  the  direction  of  the 
court. 

And  the  third  poll  list  shall  be  transmitted  to  the  Clerk  of 
the  District  Court  within  ten  days  after  such  election,  as 
provided  by  law. 

Hist.     C.  L.  442.     Laws  1913,  p.  379. 

Application:  This  section  applies  only  when  the  returns  of  the 
judges  are  properly  made,  and  not  when  the  returns  are  imperfect  and 
are  sent  back  to  the  judges  for  correction.  Where  the  returns  have 
been  rejected,  however,  the  judges  may,  under  the  provisions  of  Section 
448,  Revised  Codes,  open  the  ballot  box  for  the  purpose  of  correcting 
the  returns.  Davies  vs.  Board  of  County  Commissioners  (1914),  26  I., 
450;  143  P.,  945. 


76  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  627.  Appointment  of  Two  Sets  of  Officers.  In  every 
precinct  where,  at  the  General  Election  then  next  preceding 
there  were  more  than  one  hundred  votes  cast  for  the  office  of 
Governor,  the  Board  of  County  Commissioners  of  the  county 
wherein  the  same  is  situated,  shall,  at  the  time  provided  for 
the  appointment  of  election  officers,  appoint  two  sets  of  such 
officers,  and  in  making  such  appointment  shall  designate 
which  set  shall  act  under  the  provisions  of  this  and  the  fol- 
lowing Sections  of  this  Chapter.  And  such  Board  shall  also 
make  suitable  provision  for  the  carrying  of  these  Sections 
into  effect. 

Hist.     C.  L.  443. 

SEC.  628.  DuplcUte  of  Ballot  Boxes.  When,  at  any  election 
in  any  precinct  to  which  these  Sections  apply,  five  votes  shall 
have  been  cast  ,another  ballot  box  for  receiving  ballots  shall 
be  used,  and  the  first  ballot  box  shall  be  closed  and  delivered 
to  such  judges  designated,  as  provided  in  the  preceding  Sec- 
tion, who  shall  proceed  to  the  place  provided  for  them,  and 
shall  at  once  count  the  votes  in  said  ballot  box;  and  when 
counted,  they  shall  return  said  emptied  ballot  box  to  the 
judges  receiving  the  ballots  and  otherwise  conducting  the 
election,  and  the  latter  shall  then  deliver  to  the  judges  who 
were  designated  to  count  the  ballots,  the  second  ballot  box, 
and  such  judges  shall  immediately  count  the  ballots  therein 
contained  as  above  provided ;  and  they  shall  continue  so  to 
count  the  ballots  and  so  to  exchange  the  ballot  boxes  till 
the  close  of  the  polls,  after  which  time  both  sets  of  judges 
shall,  acting  separately,  count  the  remaining  ballots,  divid- 
ing the  same  between  them. 

Hist.     C.  L.  444.     Laws  1913,  p.  94. 

SEC.  629.  Counting  of  Ballots :  Witnesses :  Concealment 
of  Results.  The  Board  of  County  Commissioners  of  the 
several  counties  must  provide  two  sets  of  ballot  boxes  for 
all  precincts  where  these  sections  apply,  and  shall  provide 
a  suitable  and  convenient  place  or  room  immediately  adjoin- 
ing the  place  where  the  election  is  being  held,  for  the  use  of 
the  election  officers  counting  the  ballots  during  the  day. 
Such  counting  may  be  witnessed  by  one  representative  from 
each  of  the  political  parties  represented  upon  the  official  bal- 
lot, which  representatives  shall  be  designated  in  writing  by 
the  chairman  and  secretary  of  the  respective  County  Cen- 
tral Committees,  or  in  case  of  a  city  election  by  the  City 
Central  Commitee,  and  who  shall  each  take  and  subscribe 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  77 

an  oath  before  one  of  the  Judges  of  Election  that  he  will  not, 
prior  to  the  closing  of  the  polls,  communicate  in  any  manner, 
directly  or  indirectly,  by  word  or  sign,  the  progress  of  the 
counting,  nor  the  result  so  far  as  ascertained,  nor  any  in- 
formation whatsoever  in  relation  thereto;  and  such  repre- 
sentatives and  the  judges  counting  the  ballots  shall  be  con- 
fined to  the  room  or  place  provided  and  shall  not  leave 
the  same  during  the  count  except  in  case  of  necessity,  and 
then  in  the  custody  of  the  Constable  of  Election ;  nor  shall 
any  such  election  officers  or  party  representative  in  any 
manner,  directly  or  indirectly,  by  word  or  sign,  disclose  or 
communicate  the  progress  of  the  counting,  nor  the  result 
so  far  as  ascertained,  nor  any  information  whatsoever  in 
relation  thereto,  until  the  polls  are  closed. 

Any  person  who  shall  intentionally  ascertain  or  attempt 
to  ascertain  the  progress  or  state  of  the  count  before  the 
close  of  the  polls,  and  any  officer  of  election  or  party  repre- 
sentative designated  as  aforesaid,  who  shall  violate  any  of 
the  provisions  of  this  Section,  shall  be  guilty  of  a  felony,  and 
shall  be  punished  by  a  fine  not  to  exceed  one  thousand  dol- 
lars, or  imprisonment  in  the  penitentiary  for  a  period  not 
to  exceed  one  year,  or  by  both  such  fine  and  imprisonment. 
Hist,  C.  L.  445. 

SEC.  630.    Judges  to  Join  in  Making  Return.       All  the 
Judges  of  Election  shall  join  in  making  the  return  to  the 
Board  of  County  Commissioners. 
Hist.     C.  L.  446. 

SEC.  631.  Application  o/  Sections.  These  sections  shall 
only  apply  to  General  Elections,  and,  except  as  herein  modi- 
fied, the  General  Election  laws  are  in  every  way  applicable 
to  the  precincts  acting  under  the  provisions  hereof,  and  to 
all  the  officers  of  election. 

Hist.     C.  L.  447. 

ARTICLE  II. 

CANVASS  OF  COUNTY  COMMISSIONERS. 
SEC.  632.  Canvass  of  Returns:  Abstracts  of  Votes:  Cer- 
tificate of  Election.  The  Board  of  County  Commissioners, 
the  Auditor  acting  as  clerk,  in  the  several  counties,  must  act 
as  a  Board  of  Canvassers  of  elections,  and  must,  on  the 
tenth  day  after  any  General  or  Special  Election,  or  sooner, 
if  all  the  returns  be  received,  and  any  two  of  the  Commis- 
sioners are  present,  proceed  publicly,  at  their  office,  to  open 
the  returns  and  canvass  the  votes  of  said  election,  and  make 


78  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

up  abstracts  thereof;  and  it  is  their  duty  to  canvass  and 
make  up  abstracts  of  all  returns  that  are  intelligible  on  their 
face  and  which  are  sufficiently  authenticated  to  show  what 
returns  they  are;  and  if  any  returns  are  rejected  on  ac- 
count of  informality,  ambiguity  or  uncertainty — and  none 
must  be  rejected  for  other  causes — then  it  is  the  duty  of  the 
Board  to  deliver  the  returns  so  rejected  to  the  Sheriff  of  the 
county,  who  must  proceed  at  once  to  summon  and  call  to- 
gether the  Board  of  Judges  of  Election  of  the  precinct  from 
which  said  returns  were  received,  and  inform  them  that 
such  return  has  been  rejected;  and  it  is  the  duty  of  such 
Board  of  Judges  to  meet  publicly,  at  the  place  where  the 
election  was  held  in  their  precinct,  immediately  after  re- 
ceiving such  notice,  and  at  once  proceed  to  put  said  returns 
in  due  form  and  certify  to  the  same ;  and  for  the  purpose  of 
so  doing  they  may  have  the  ballot  box  brought  in  and  opened 
in  their  presence  and  the  contents  thereof  inspected,  and 
when  said  returns  have  been  duly  corrected  they  must  be 
delivered  into  the  hands  of  the  Sheriff,  and  the  Board  of 
Canvassers  may  adjourn,  to  await  the  correction  of  said  re- 
turns, for  the  period  of  not  more  than  five  days  at  one  time, 
nor  more  than  ten  days  in  all.  When  said  canvass  is  com- 
pleted the  abstracts  must  be  made  up  and  signed  by  the 
Board.  The  abstracts  shall  be  made  out  in  the  following 
manner : 

The  abstracts  of  votes  for  electors  for  President  and  Vice- 
President  of  the  United  States  shall  be  on  one  sheet,  and  the 
abstract  of  votes  for  Representative  in  Congress  shall  be  on 
another  sheet,  and  the  abstract  of  votes  for  officers  of  the 
executive  department  shall  be  on  another  sheet,  and  the  ab- 
stract of  votes  for  Senator  shall  be  on  another  sheet,  and  the 
abstract  of  votes  for  Representative  shall  be  on  another 
sheet,  and  the  abstract  of  votes  for  Judges  of  the  Supreme 
Court  shall  be  on  another  sheet,  and  the  abstract  of  votes 
for  Judges  of  the  District  Court  shall  be  on  another  sheet, 
and  the  abstract  of  votes  for  county  and  precinct  officers 
shall  be  on  another  sheet ;  and  it  shall  be  the  duty  of  the  Au- 
ditor of  the  county  immediately  to  make  out  a  certificate  of 
election  to  each  of  the  persons  having  the  highest  number 
of  votes  for  county  and  precinct  officers,  respectively,  and 
cause  such  certificate  to  be  delivered  to  the  person  entitled 
to  it.  If  any  two  or  more  persons  have  an  equal  number  of 
votes  for  the  same  county  or  precinct  office,  and  a  higher 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  79 

number  than  the  other  person,  the  County  Commissioners 
shall  immediately  determine  by  lot  which  of  the  two  candi- 
dates shall  be  elected. 

Hist.     C.  L.  448. 

Cited:     Roberts  vs.  Kartzke  (1910),  18  I.,  552;  111  P.  1. 

Duty  of  Canvassers:  The  Board  of  County  Commissioners  in 
acting  as  a  Board  of  Canvassers,  has  no  authority  to  declare  any  per- 
son elected  to  an  office,  but  must  make  out  the  abstracts  of  votes  for 
each  office  separately,  and  deliver  them  to  the  Auditor  whose  duty  it 
is,  as  Auditor,  and  not  as  Clerk  of  the  Board,  to  make  out  a  certifi- 
cate of  election  to  each  of  the  persons  having  the  highest  number  of 
votes. 

Cunningham  vs.  George  (1892),  3  L,  456;  31  P.  809. 

Correction  of  Returns  by  Judges :  Under  this  section  the  Judges 
of  Election  have  authority,  when  the  returns  have  been  rejected,  to  re- 
open the  ballot  boxes  for  the  correction  of  the  same.  Davies  vs.  Board 
of  County  Commissioners  (1914),  26  I.,  450;  143  P.,  945. 

SEC.  633.  Disposition  of  Abstracts  of  Votes.  The  Auditor 
of  the  county,  immediately  after  making  out  abstracts  of 
votes  given  in  his  county,  shall  make  a  copy  of  such  ab- 
stracts and  deliver  or  transmit  same  in  a  registered  package 
by  mail  to  the  office  of  the  Secretary  of  State ;  the  original 
abstracts  he  shall  file  and  record  in  a  book  in  his  office  to  be 
kept  for  that  purpose.  He  shall  also  certify  to  the  abstracts 
and  copies,  and  affix  thereto  the  county  seal,  and  the  said 
Auditor  shall  indorse  on  the  back  of  each  abstract :  "Certi- 
fied copy  of  the  abstract  of  votes  cast  for  Governor,  etc., 
members  of  the  Legislature,  etc.,  (as  the  case  may  be)  cast 

at  the  regular  election  in County, 

,  19 " 

Hist.     C.  L.  449. 

ARTICLE  III. 
STATE  BOARD  OF  CANVASSERS. 

SEC.  634.  Constitution  of  Board.  The  Governor,  Secre- 
tary of  State,  State  Auditor,  State  Treasurer  and  Attorney 
General,  or  any  three  of  them,  shall  constitute  the  State 
Board  of  Canvassers,  and  shall  canvass  the  abstracts  of 
votes  cast  in  the  different  counties  of  the  State  for  electors 
of  President  and  Vice  President  of  the  United  States,  for 
Representatives  in  Congress,  for  Judges  of  the  Supreme 
Court  and  District  Courts,  and  for  Senators  and  Represen- 
tatives and  all  State  officers. 

Hist.     C.  L.  450. 

Cited:  Olympia  M.  &  M.  Co.  vs.  Kerns  (1913)  24  I..  481;  136  P. 
255:  dis.  236,  U.  S.,  211;  59  L.  Ed.,  542;  35  S.  C.  R.,  415;  Ann.  Cas., 
1917C,  1021. 


80  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  635.  Delay  in  Remitting  Abstracts.  If  from  any 
county  no  such  abstract  of  votes  shall  have  been  received 
within  twenty  days  next  after  election  by  the  Secretary  of 
State,  he  shall  dispatch  a  special  messenger  to  obtain  a  copy 
of  the  same  from  the  County  Auditor  of  such  county,  and 
such  County  Auditor  shall  immediately,  on  demand  of  such 
messenger,  make  out  and  deliver  to  him  the  copy  required, 
which  copy  of  the  abstract  of  votes  the  messenger  shall  de- 
liver to  the  Secretary  of  State  without  delay.  The  said  mes- 
senger shall  receive  as  compensation  for  his  services  three 
dollars  per  day  and  fifteen  cents  for  each  mile  traveled  in 
going  to  and  returning  from  the  county  seat  of  the  said 
county,  by  the  usual  route,  to  be  paid  by  the  county. 

Hist.     C.  L.  451. 

SEC.  636.  Meeting  of  Board.  For  the  purpose  of  canvass- 
ing the  result  of  elections,  the  State  Board  of  Canvassers 
shall  meet  at  the  office  of  the  Secretary  of  State,  at  ten 
o'clock  of  the  forenoon  of  the  twentieth  day  after  any  elec- 
tion for  any  of  the  officers  mentioned  in  Section  634  (if  it 
be  not  on  Sunday ;  if  it  be  on  Sunday,  then  they  shall  meet 
on  the  twenty-first  day),  when  they  shall,  if  the  returns 
from  all  the  counties  of  the  State  be  in  possession  of  the 
Secretary  of  State,  proceed  to  canvass  the  votes.  If  the  re- 
turns are  not  all  in,  they  shall  adjourn  from  time  to  time,  as 
they  deem  proper,  to  await  the  receipt  of  all  the  returns: 
Provided,  however,  That  on  the  second  Wednesday  of  De- 
cember next  after  the  election,  they  shall  canvass  the  votes, 
whether  all  the  returns  be  received  or  not. 

Hist.     C.  L.  452. 

SEC.  637.  Duties  of  Board:  Statement  of  Result.  The 
State  Board  of  Canvassers,  when  met  in  accordance  with 
law  and  a  quorum  (three)  being  present,  shall  proceed  to 
examine  and  make  statement  of  the  whole  number  of  votes 
given  at  any  such  election  for  all  the  officers  mentioned  in 
Section  634,  that  shall  have  been  voted  for  in  said  election, 
which  statement  will  show  the  names  of  the  persons  to 
whom  such  votes  shall  have  been  given  for  either  of  the 
said  offices,  and  the  whole  number  given  to  each  distinguish- 
ing the  several  districts  and  counties  in  which  they  were 
given.  They  shall  certify  such  statement  to  be  correct,  and 
subscribe  their  names  thereto,  and  they  shall  thereupon  de- 
termine what  persons  have  been,  by  the  greatest  number  of 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  81 

votes  duly  elected  to  such  offices,  or  either  of  them,  and 
shall  indorse  and  subscribe  on  such  statement  a  certificate 
of  their  determination,  and  deliver  it  to  the  Secretary  of 
State. 

Hist.     C.  L.  453. 

Duty  of  Canvassers:  It  is  not  necessary  for  the  State  Board  of 
Canvassers  to  declare  in  terms  whether,  in  their  opinion,  any  amend- 
ment to  the  Constitution  has  been  adopted  or  not. 

Hays  vs.  Hays  (  1897),  5  L,  154;  47  P.,  732;  Ann.  Cas.,  1916B, 
1005. 

Ministerial  Duties :  The  duties  of  the  state  canvassing  board  are 
adding  up  the  votes  received  by  the  several  candidates,  as  returned  by 
the  several  county  boards,  ascertaining  the  total  vote,  and  declaring 
and  certifying  the  result.  These  are  purely  clerical,  ministerial  and 
administrative  acts,  and  involve  no  judicial  discretion.  Lansdon  vs.  S. 
Bd.  of  Canvassers  (1910),  18  L,  596;  111  P.,  133;  Ann.  Cas.,  1913A, 
703. 

SEC.  638.  Same :  In  Case  of  Tie  Vote.  If  any  two  or  more 
persons  have  an  equal  and  the  highest  number  of  votes  for 
member  of  either  House  of  the  Legislature,  for  Judge  of  the 
Supreme  or  District  Courts,  or  for  any  State  office,  other 
than  those  mentioned  in  Section  1,  of  Article  4,  of  the  Con- 
stitution, the  State  canvassers  shall  proceed  to  determine,  by 
lot,  which  of  the  candidates  shall  be  declared  elected.  Reas- 
onable notice  shall  be  given  to  each  candidate  of  the  time 
when  such  election  will  be  so  determined. 

Hist.     C.  L.  454. 

Cited:  Olympia  M.  &  M.  Co.  vs.  Kerns  (1913),  24  L,  481;  135  P., 
255;  dis.  236  U.  S.,  211;  59  L.  Ed.  542,  35  S.  C.  R.,  415  Ann.  Cas. 
1917C,  1921. 

SEC.  639.  Record  of  Statement :  Certificates  of  Election. 
The  Secretary  of  State  shall  record  in  his  office,  in  a  book  to 
be  kept  by  him  for  that  purpose,  each  certified  statement 
and  determination  as  made  by  the  State  Board  of  Canvas- 
sers, and  shall,  without  delay,  make  out  and  transmit  to  each 
of  the  persons  thereby  declared  to  be  elected  a  certificate  of 
his  election,  certified  by  him  under  his  seal  of  office. 

Hist.     C.  L.  455. 

Cross  References:     Certificate  of  election  is  prima  facie  evidence 
of  right  to  membership  in  Legislature. 
Sec.  77,  Compiled  Statutes. 

SEC.  640.  List  of  Members  of  Legislature.  Upon  the  day 
specified  by  law  for  the  assembling  of  the  Legislature,  the 
Secretary  of  State  shall  lay  before  each  house  a  list  of  the 
members  elected  thereto,  with  the  districts  they  represent, 
in  accordance  with  the  returns  in  his  office. 
Hist.  C.  L.  456. 


82  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

ARTICLE  IV. 

ERRORS  AND  MISTAKES  IN  BALLOTS  AND  RETURNS. 

SEC.  641.  Misspelled  Names  on  Ballots.  Whenever  the 
Judges  of  Election  in  any  precinct  or  ward  discover  in  the 
canvassing  of  votes  that  the  name  of  any  candidate  voted  for 
be  misspelled,  or  the  initial  letters  of  his  Christian  name  or 
names  be  transposed  or  omitted  in  part,  or  altogether,  on 
the  ballot,  the  vote  or  votes  for  such  candidate  shall  be 
counted  for  him,  if  the  intention  of  the  elector  to  vote  for 
him  be  apparent;  and  whenever  the  Board  of  County  Can- 
vassers, or  of  State  Canvassers,  shall  find  that  the  returns 
from  any  precinct,  ward,  county  or  district  (as  the  case  may 
be)  do  not  strictly  conform  to  the  requirements  of  law,  in 
the  making,  certifying  and  returning  of  the  same,  the  votes 
polled  in  such  precinct,  ward,  county  or  district  shall,  never- 
theless, be  canvassed  and  counted,  if  such  returns  shall  be 
sufficiently  explicit  to  enable  such  boards  ,or  any  person 
or  persons  authorized  to  canvass  votes  and  returns,  to  de- 
termine therefrom  how  many  votes  were  polled  for  the  sev- 
eral persons  who  were  candidates  and  voted  for  at  the  elec- 
tion of  which  the  votes  are  being  canvassed. 

Hist.     C.  L.  457. 

Cited:  Lansdon  vs.  State  Board  of  Canvassers,  18  L,  596;  111 
P.,  133. 

Ministerial  Duties  of  State  Board:  It  is  not  the  business  of  the 
state  board  to  determine  whether  any  illegal  votes  have  been  cast  or 
not.  Their  duties  are  purely  clerical,  ministerial  and  administrative 
and  involve  no  judicial  discretion.  Lansdon  vs.  S.  Bd.  of  Canvassers 
(1910),  18  L,  596;  111  P.,  133;  Ann.  Cas.  1913A,  703. 

Judisdiction  of  State  Board:  Under  this  and  the  next  section, 
the  state  canvassing  board,  has  power  to  send  the  returns  from  any 
county  back  for  correction ;  but  whether  it  does  so,  or  declines  to  do 
so,  is  not  acting  in  excess  of  its  jurisdiction  to  canvass  the  returns 
and  declare  the  result.  Lansdon  vs.  S.  Bd.  of  Canvassers  (1910),  18 
L,  596;  111  P.,  133,  134. 

SEC.  642.  Correction  of  Mistakes.  If  upon  proceeding  to 
canvass  the  votes  it  shall  clearly  appear  to  the  canvassers 
that  in  any  statement  produced  to  them  certain  matters  are 
omitted  in  such  statement  which  should  have  been  inserted, 
or  that  any  mistakes  which  are  clerical,  merely,  exist,  they 
shall  cause  the  said  statement  to  be  sent  by  one  of  their 
number  (whom  they  shall  depute  for  that  purpose)  to  be 
precinct  or  ward  judges,  or  to  the  County  Board  of  Can- 
vassers (as  the  case  may  be)  from  whom  they  were  re- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  83 

ceived,  to  have  the  same  corrected ;  and  the  Judges  of  Elec- 
tion or  County  Auditor  (as  the  case  may  be),  when  so  de- 
manded, shall  make  such  correction  as  the  facts  of  the  case 
require,  but  shall  not  change  or  alter  any  decision  before 
made  by  them,  but  shall  only  cause  their  canvass  to  be  cor- 
3-ectly  stated ;  and  the  Canvassing  Board  may  adjourn  from 
day  to  day  for  the  purpose  of  obtaining  and  receiving  such 
statement:  Provided,  always,  That  they  shall  not  delay 
counting  past  the  day  provided  by  law  for  the  completion  of 
the  canvass. 

Hist.     C.  L.  458. 

Cross  Reference:  Day  provided  for  completion  of  canvass.  See 
Sec.  636,  Compiled  Statutes. 

Cited:  Lansdon  vs.  State  Board  of  Canvassers  (1910),  18  L,  596; 
111  P.,  133;  Ann.  Cas.  1913A.  703. 

CHAPTER  XIII. 

COMPILED  STATUTES,  CH.  36. 
PRESIDENTIAL  ELECTORS. 

SEC.  643.  Certificates  of  Election.  The  Secretary  of  State 
shall  prepare  lists  of  the  names  of  the  Electors  of  President 
and  Vice  President  of  the  United  States,  elected  at  any  elec- 
tion, procure  thereto  the  signature  of  the  Governor,  affix 
the  seal  of  the  State  to  the  same,  and  deliver  one  of  sucli 
certificates  thus  signed  to  each  of  said  Electors  on  or  before 
the  second  Wednesday  in  December  next  after  such  election. 

Hist.     C.  L.  459. 

Cited:  State  ex  rel.  Spofford  vs.  Gifford  (1912),  22  I.,  613;  126 
P.,  1060. 

SEC.  644.  Election  for  Presidential  Electors.  There  shall 
be  an  election  held  in  the  State  for  the  election  of  such 
Electors,  at  the  times  appointed  by  any  law  of  the  Congress 
or  the  Constitution  of  the  United  States  for  such  election, 
and  when  such  election  shall  be  special,  the  same  shall  be 
called  and  held,  and  the  votes  polled  and  canvassed,  in  all 
respects  as  at  a  General  Election,  and  the  duties  of  the  Elec- 
tors so  elected  shall  be  the  same  as  prescribed  by  law  for 
Electors  elected  at  a  general  election. 
Hist.  C.  L.  460. 

Not  State  Officers:     Presidential  Electors  are  not  State  officers. 
State  ex  rel.  Spofford  vs.  Gifford  (1912),  22  L,  613,  632;  126  P., 
1060. 


84  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  645.  Meeting  of  Electors.  The  Electors  chosen  to 
elect  a  President  and  Vice  President  of  the  United  States 
shall,  at  twelve  o'clock  noon  on  the  day  which  is  or  may  be 
directed  by  the  Congress  of  the  United  States,  meet  at  the 
seat  of  government  of  this  State,  and  then  and  there  per- 
form the  duties  enjoined  upon  them  by  the  Constitution  and 
laws  of  the  United  States. 

Hist.     C.   L.   461. 

Cited:  State  ex  rel.  Spofford  vs.  Gifford  (1912),  22  L,  613;  126 
P.,  1060. 

Term  of  Office:  Presidential  electors  have  no  regular  terms  of 
office,  but  discharge  their  duties  at  one  meeting.  State  ex  rel.  Spof- 
ford vs.  Gifford  (1912),  22  L,  613;  126  P.,  1060. 

SEC.  646.  Same :  Notice  to  Governor :  Vacancies.  Each 
Elector  of  President  and  Vice  President  of  the  United  States 
shall,  before  the  hour  of  twelve  o'clock  noon  on  the  day  next 
preceding  the  day  fixed  by  the  law  of  Congress  to  elect  a 
President  and  Vice  President,  give  notice  to  the  Governor 
that  he  is  at  the  seat  of  government  and  ready  at  the  proper 
lime  to  perform  the  duties  of  an  Elector ;  and  the  Governor 
shall  forthwith  deliver  to  the  Electors  present  a  certificate 
of  all  the  names  of  the  Electors ;  and  if  any  Elector  named 
therein  fails  to  appear  before  nine  o'clock  on  the  morning 
of  the  day  of  election  of  President  and  Vice  President  as 
aforesaid,  the  Electors  then  present  shall  immediately  pro- 
ceed to  elect,  by  ballot,  in  the  presence  of  the  Governor,  per- 
sons  to  fill  such  vacancies. 

Hist.     C.  L.  462. 

Cited:  State  ex  rel.  Spofford  vs.  Gifford,  22  L,  613;  126  P., 
1060. 

SEC.  647.  Filling  Vacancies :  Tie  Vote.  If  more  than  th  > 
number  of  persons  required  to  fill  the  vacancies,  as  afore- 
said have  the  highest  and  an  equal  number  of  votes,  then 
the  Governor,  in  the  presence  of  the  electors  attending,  shall 
decide  by  lot  which  of  said  persons  shall  be  elected ;  other- 
wise they,  to  the  number  required,  having  the  greatest  num- 
ber of  votes  shall  be  considered  elected  to  fill  such  vacancies. 

Hist.     C.  L.  463. 

Cited:     State  ex  rel.  Spofford  vs.  Gifford,  22  I.,  613;  126  P.,  1060. 

SEC.  648.  Notification  of  Election  to  Fill  Vacancy.  Imme- 
diately after  such  choice  is  made  the  names  of  the  persons 
so  chosen  shall  forthwith  be  certified  to  the  Governor  by 
the  Electors  making  such  choice;  and  the  Governor  shall 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  85 

cause  immediate  notice  to  be  given  in  writing  to  the  Electors 
chosen  to  fill  such  vacancies;  and  the  said  persons  so 
chosen  shall  be  Electors,  and  shall  meet  the  other  Electors 
at  the  same  time  and  place,  and  then  and  there  discharge 
all  and  singular  the  duties  enjoined  on  them  as  Electors 
aforesaid  by  the  Constitution  and  laws  of  the  United  States 
and  of  this  State. 

Hist.     C.  L.  464. 

Cited:     State  ex  rel.  Spofford  vs.  Gifford,  22  I.,  613;  126  P.,  1060. 

SEC.  649.  Compensation  of  Electors.  Every  Elector  of 
this  State  for  the  election  of  President  and  Vice  President 
of  the  United  States,  hereafter  elected,  who  shall  attend  and 
give  his  vote  for  those  offices  at  the  time  and  place  appoint- 
ed by  law,  shall  be  entitled  to  receive  the  sum  of  five  dol- 
lars per  day  for  each  day's  attendance  at  such  election,  and 
fifteen  cents  per  mile  for  each  mile  he  shall  travel  in  going 
to  and  returning  from  the  place  where  the  Electors  shall 
meet,  by  the  most  usual  traveled  route,  to  be  paid  out  of 
the  general  fund,  and  the  State  Auditor  shall  audit  the 
amount  and  draw  his  warrant  for  the  same. 
Hist.  C.  L.  465. 
Cited:  State  ex  rel.  Spofford  vs.  Gifford,  22  L,  613;  126  P.,  1060. 

CHAPTER  XIV. 

COMPILED  STATUTES,  CH.  37. 

REMOVAL  OF  COUNTY  SEATS  AND  CHANGING  COUNTY 
BOUNDARIES. 

SEC.  650.  Time  for  Holding  County  Seat  Election.  All 
elections  for  the  removal  of  county  seats  shall  be  held  at 
the  same  time  and  place  at  which  general  elections  are  held. 

Hist.     C.  L.  466. 

Cited:     Lippincott  vs.  Carpenter,  22  L,  675;  127  P.,  557. 

Cross  Reference :  Question  of  removal  of  county  seats  to  be  pre- 
sented not  more  than  once  in  six  years:  Constitution  XVIII,  2. 

SEC.  651.  •  Petition  for  Removal.  Public  notice  shall  be 
given  of  the  intention  to  circulate  a  petition  praying  for  the 
removal  of  the  county  seat  of  any  county  from  its  then  pres- 
ent location  to  some  other  point  within  said  county,  and  in 
said  petition  designated,  at  least  ten  days  before  the  same  is 
circulated,  by  publication  in  some  newspaper  printed  in  the 
county  (if  there  be  one),  and  by  posting  three  printed  no- 
tices in  three  public  places  at  the  county  seat,  and  a  like 


86  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

number  at  the  place  to  which  the  county  seat  is  proposed  to 
be  removed,  in  which  notices  the  intent  of  said  petition  shall 
be  set  forth;  and  all  signers  to  such  petition  or  petitions 
shall  be  void  and  stricken  from  such  petition  if  procured  six 
months  before  the  first  day  of  the  term  of  court  at  which  the 
application  is  to  be  made ;  and  whenever  such  petition  or  pe- 
tions,  addressed  to  the  District  Court  of  each  county,  and 
stating  the  time  when  such  election  shall  be  held,  shall  be 
signed  by  a  number  of  legal  voters  of  said  county,  equal  in 
number  to  a  majority  of  all  votes  cast  at  the  last  general 
election  therein,  and  shall  be  filed  in  the  office  of  the  clerk  of 
the  District  Court  of  said  county,  not  less  than  twenty  nor 
more  than  forty  days  before  the  first  day  of  the  term  of 
said  court  next  preceding  the  next  general  election,  unless 
said  term  commences  after  the  first  day  of  October,  then, 
in  such  case,  the  next  preceding  term.  Such  petition  shall 
be  deemed  a  proposal  to  remove  the  county  seat  of  such 
county,  and  the  point  designated  in  said  petition  shall  be 
deemed  and  taken  as  fixed  by  said  petition,  in  pursuance  of 
law,  whenever  the  court  shall  order  an  election  to  such  point 
as  hereinafter  provided,  as  the  point  to  which  it  is  proposed 
to  remove  the  county  seat  of  such  county. 

Hist.     C.  L.  467. 

Qualification  of  Signers:  The  signers  of  the  petition  for  the  re- 
moval of  a  county  seat  need  not  be  registered  voters,  but  merely  per- 
sons who  are  qualified  to  register  as  voters. 

Wilson  vs.  Bartlett  (1900),  7  I.,  271;  62  P.,  416. 

Same:  Determination  of  Qualifications:  When  a  petition  for  the 
removal  of  a  county  seat  is  presented  to  a  court  and  all  the  signers  of 
said  petition  state  over  their  signatures  that  they  are  qualified  electors 
of  such  county,  the  petitioners  make  a  prima  facie  case,  and  no  further 
evidence  of  the  qualifications  of  such  signers  is  required  unless  a  con- 
testant appears  and  enters  his  protest. 

If  specifications  in  contestant's  affidavit  raise  no  valid  objection  to 
the  qualifications  of  any  of  the  signers  of  the  petition,  the  court  is  jus- 
tified in  finding,  without  further  proof,  that  all  of  the  signers  of  said 
petition  are  qualified  electors. 

Wilson  vs.  Bartlett  (1900),  7  I.,  271;  62  P.,  416. 

This  Section  Not  Conclusive:  By  the  provisions  of  .this  section  a 
petition  for  the  removal  of  a  county  seat  must  be  signed  by  a  number 
of  legal  voters  of  such  county  equal  in  number  to  a  majority  of  all 
votes  cast  at  the  last  general  election,  and  that  provisions  of  the  law 
provides  a  rule  of  evidence  for  establishing  a  prima  facie  case,  and 
the  court  upon  that  showing  would  be  justified  in  ordering  an  election 
unless  it  was  shown  to  the  court  that  the  number  of  qualified  electors 
in  the  county  had  increased  since  the  last  general  election,  and  in  that 
case  the  petition  must  contain  a  majority  of  the  qualified  voters  as 
shown  by  the  legal  evidence  produced  on  the  hearing  of  such  petition. 

Lippincott  vs.  Carpenter  (1912),  22  I.,  675;  127  P.,  557. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  87 

More  Than  One  Application :  Under  the  provisions  of  the  Consti- 
tution and  statute,  more  than  one  application  may  be  made  for  an  or- 
der of  election  for  the  removal  of  a  county  seat,  and  upon  the  hear- 
ing it  is  the  duty  of  the  court  to  consider  all  of  such  petitions  at  the 
same  hearing  and  determine  which,  if  either,  contains  a  majority  of 
the  qualified  electors  of  the  county. 

Lippincott  vs.  Carpenter  (1912),  22  I.,  675;  127  P.,  557. 

Withdrawal  of  Names  From  Petition:  Withdrawals  from  the 
petition  for  the  removal  of  a  county  seat  may  be  made  at  any  time 
prior  to  the  submission  of  the  petition  to  the  court. 

Lippincott  vs.  Carpenter  (1912),  22  I.,  675;  127  P.,  557. 

SEC.  652.  Same :  How  Signed.  Each  petitioner  signing 
such  petition  shall  write,  or  cause  to  be  written,  opposite  to 
his  name  on  said  petition,  the  name  of  the  city  and  ward 
in  which  he  then  resides,  if  he  resides  in  a  city;  or,  if  he 
does  not  reside  in  a  city,  then  the  name  of  the  precinct  in 
which  he  resides  at  the  time  of  signing  such  petition ;  and 
no  person  shall  sign  such  petition  unless  he  shall  be,  at  the 
time,  a  legal  voter  at  general  elections. 

Hist.     C.  L.  468. 

Cited:     Lippincott  vs.  Carpenter,  22  L,  675;  127  P.,  557. 

SEC.  653.  Petition  Open  to  Inspection.  Said  petition  or 
petitions  shall,  after  they  are  filed  in  the  office  of  the  clerk 
of  the  District  Court  of  the  county,  be  open  to  the  inspection 
of  any  and  all  citizens  of  the  county,  but  shall  not  be  re- 
moved therefrom. 

Hist.     C.  L.  469. 

Cited:  Lippincott  vs.  Carpenter,  22  L,  675;  127  P.,  557. 

SEC.  654.  Contesting  Right  to  Sign  Petition.  Any  citizen 
and  legal  voter  at  general  elections  in  said  county  may  con- 
test the  right  of  any  person  whose  name  is  subscribed  to 
said  petition,  to  sign  such  petition  under  this  chapter,  and 
shall  have  the  right  to  contest  said  petition  as  to  any  names 
subscribed  thereto  that  he  shall  have  good  reason  to  believe 
are  fictitious ;  Provided,  He  shall,  ten  days  before  the  first 
day  of  the  terms  of  said  court  file  in  the  office  of  the  clerk 
of  the  District  Court  of  such  county,  a  list  of  the  names  of 
the  persons  whose  right  to  sign  said  petition  he  is  desirous 
of  contesting,  together  with  his  affidavit  indorsed  thereon, 
that  he  has  good  reason  to  believe,  and  does  verily  believe, 
that  such  persons  named  in  said  lists  are  not  legal  voters 
of  such  county  and  had  no  right  in  law  to  sign  such  petition ; 
and  shall  also  file  in  the  office  of  said  clerk,  ten  days  before 


88  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

• 

said  term  of  said  court,  a  list  of  such  names  as  he  has  reason 
to  believe  are  fictitious,  together  with  his  affidavit,  that  he 
has  good  reason  to  believe,  and  does  verily  believe,  that  such 
names  are  fictitious ;  and  such  persons  shall  have  the  right 
to  contest  such  petitions  only  as  to  the  names  included  in 
said  list. 

Hist.     C.  L.  470. 

Cited:     Lippincott  vs.  Carpenter,  22  I.,  675;  127  P.,  557. 

Affidavit  of  Contest:  The  affidavit  of  a  contestant  in  a  county 
seat  removal  case,  must  show  that  the  list  of  names  that  he  desires  to 
contest,  if  stricken  from  the  petition,  would  reduce  the  number  of 
names  on  the  petition  to  less  than  the  number  required  by  law  to  be 
on  such  petition;  if  it  does  not,  the  trial  court  ought  to  deny  the  con- 
test and  strike  the  affidavit  from  its  files. 

Wilson  vs.  Bartlett  (1900),  7  L,  271;  62  P.,  416. 

SEC.  655.  Same:  Procedure  in  Case  of  Contest.  It  shall 
be  the  duty  of  said  court,  on  the  first  day  of  and  during 
said  term  of  court,  to  hear  all  evidence  for  and  against  said 
petition  or  petitions  as  to  the  lists  of  names  filed  in  said 
court  under  this  chapter,  and  to  strike  from  such  petition  or 
petitions  all  names  proven  by  competent  evidence  to  be  fic- 
titious, and  the  names  of  persons  having  no  legal  right  to 
sign  the  same  under  this  chapter.  In  case  there  shall  be 
no  contest,  or  if  the  court  finds,  after  striking  from  said  pe- 
tition or  petitions  all  names  proven  to  be  fictitious,  and  all 
names  not  legally  signed  thereto,  that  it  still  contains  the 
number  of  names  of  legal  voters  required  by  this  chapter, 
the  court  shall  order  said  election  according  to  the  prayer 
of  said  petition.  In  case  of  a  contest  to  said  petition  or  peti- 
tions, it  shall  be  the  duty  of  the  clerk  of  said  court,  on  re- 
quest of  the  persons  contesting  any  petition  under  the  pro- 
visions of  this  chapter,  to  issue  subpoenas  for  such  wit- 
nesses as  said  persons  shall  name ;  and  it  shall  be  the  duty  of 
said  clerk,  on  request  of  any  legal  voter  of  the  county  for  the 
purpose  of  sustaining  any  petition,  in  like  manner  to  issue 
subpoenas  for  such  witnesses  as  he  shall  name,  said  sub- 
poenas to  be  made  returnable  to  the  term  of  court  at  which 
such  contest  will  be  made. 

Hist.     C.  L.  471. 

Cited:     Lippincott  vs.  Carpenter,  22  L,  675;  127  P.,  557. 

SEC.  656.  Same :  Contests  Have  precedence.  All  cases 
of  contest  arising  upon  said  petitions  or  affidavits  shall  have 
precedence  over  all  other  cases  at  said  term  of  said  court, 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  89 

and  shall  be  heard  and  determined  at  said  term,  and  the  de- 
cision of  the  court  shall  be  final. 

Hist.     C.  L.  472. 

Cited:     Lippincott  vs.  Carpenter,  22  I.,  675;  127  P.,  557. 

Right  of  Appeal:  This  section  was  not  intended  to  take  away  the 
right  of  appeal  in  proceedings  of  this  kind,  and  by  the  language,  "the 
decision  of  the  court  shall  be  final,"  it  was  intended  to  indicate  that 
such  decision  was  in  harmony  with  Section  4807  of  the  Revised  Stat- 
utes and  appealable. 

Wilson  vs.  Bartlett  (1900),  7  L,  269;  62  P.,  415. 

SEC.  657.  Voting  for  Removal  of  County  Seat.  The  vot- 
ing for  the  removal  of  any  county  seat  shall  be  by  ballot, 
and  each  ballot  shall  have  printed  or  written  thereon  the 
words  stated  in  Section  663.  Such  ballot  shall  be  smaller 
than  the  general  election  ballots,  and  shall  be  officially 
stamped,  and  there  shall  be  printed  or  written  thereon  the 
words,  "County  Seat  Ballot,"  and  any  elector  who  is  regis- 
tered, as  in  this  title  provided,  and  who,  in  addition  to  being 
qualified  to  vote  for  county  officers,  has  resided  in  the  county 
six  months  and  in  the  precinct  ninety  days,  shall  be  permit- 
ted to  vote  for  or  against  the  removal  of  the  county  seat,  by 
handing  to  one  of  the  judges  of  election  a  county  seat  ballot, 
at  the  same  time  announcing  that  he  is  entitled  to  vote  on 
the  question  of  the  removal  of  the  county  seat.  If  the 
judges  of  elecion  are  of  the  opinion  that  the  said  elector  is 
entitled  to  vote  on  the  question  of  the  removal  of  the  county 
seat,  his  ballot  shall  then  be  deposited  in  the  ballot  box,  and 
the  clerks  of  election  shall  write  opposite  his  name  in 
brackets  the  words  "County  Seat"  or  "County  Division,"  as 
the  case  may  be. 

Hist.     C.  L.  473. 

Cross  Reference:  Qualifications  of  voters  at  county  seat  elec- 
tions. Const.,  Art.  XVIII,  Sec.  2. 

Cited:     Lippincott  vs.  Carpenter  (1912),  22  L,  675;  127  P.,  557. 

SEC.  658.  Same :  Challenging  Voters.  Any  person  who 
offers  to  vote  on  the  question  of  the  removal  of  the  county 
seat  may  be  challenged  by  any  person  and  for  any  of  the 
reasons  allowed  for  other  challenges,  and  the  rules  provided 
for  other  challenges  shall  apply  to  such  challenges. 

Hist.     C.  L.  474. 

Cited:  Lippincott  vs.  Carpenter   (1912),  22  L,  675;  127  P.,  557. 

SEC.  659.  Canvass  of  Returns.  The  returns  for  county 
seat  elections  shall  be  canvassed  by  the  same  officers  and 
in  the  same  manner  as  the  returns  for  county  and  precinct 


90  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

officers  are  canvassed,  and  the  result  of  the  vote  for  the  re- 
moval of  the  county  seat  shall  be  officially  declared  by  the 
county  board  of  canvassers  in  the  following  manner: 

They  shall  record  the  total  votes  cast  in  each  ward  or 
precinct  both  for  and  against  the  proposed  removal,  upon 
the  book  provided  for  recording  the  results  of  the  general 
election.  This  record  shall  be  made  upon  a  separate  page, 
or  pages,  of  said  book,  and  after  the  record  is  complete  and 
the  total  result  known,  they  shall  make  a  complete  copy  of 
such  record,  certified  to  by  each  member  of  the  board.  They 
shall  deposit  this  certificate  with  the  county  auditor,  who 
shall,  without  delay,  file  the  same  with  the  clerk  of  the  Dis- 
trict Court  which  authorized  the  election,  and  the  auditor 
shall  also  cause  a  copy  of  the  certificate  to  be  published  in 
some  newspaper  of  general  circulation  in  the  county. 

Hist.     C.  L.  475. 

Cited:  Lippincott  vs.  Carpenter   (1912),  22  I.,  675;  127  P.,  557. 

SEC.  660.  Swne :  Result  of  Vote.  When  the  attempt  has 
been  made  to  remove  the  county  seat  of  any  county,  as  in 
this  chapter  provided,  and  the  county  board  of  canvassers 
have  found  and  declared  that  two-thirds  of  the  voters  of  the 
county  who  have  voted  for  or  against  such  removal  have 
voted  in  favor  of  such  removal,  then  said  county  seat  of 
said  county  is  thereby  removed  to  the  point  named  in  the 
petition. 

Hist.     C.  L.  476. 

Cross  Reference:  Two-thirds  affirmative  vote  required.  Const., 
Art.  XVIII.,  Sec.  2. 

Cited:  Lippincott  vs.  Carpenter   (1912),  22  L,  675;  127  P.,  557. 

SEC.  661.  Changing  County  Boundaries.  Whenever  the 
Legislature  has  enacted  that  a  part  of  any  county  be  stricken 
off  from  any  county,  and  annexed  to  an  adjoining  county, the 
provisions  of  the  Constitution  being  complied  with,  the 
qualified  electors  who  have  resided  ninety  days  next  pre- 
ceding the  first  general  election  after  the  passage  of  this 
chapter  within  the  boundary  lines  of  the  territory  stricken 
off  and  annexed,  shall  be  permitted  to  vote  at  said  general 
election,  for  or  against  said  annexation.  If  a  majority  of 
said  electors  voting  at  said  election  vote  in  favor  of  annex- 
ation, said  territory  is  then  stricken  off  and  annexed,  as  pro- 
vided in  this  chapter;  Provided,  That  all  the  requirements 
of  the  Constitution  have  been  complied  with. 
Hist.  C.  L.  477. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  91 

Cross  Reference:  Constitutional  requirements,  Art.  XVIII,  Sees. 
3,  4. 

Cited:  Lippincott  vs.  Carpenter  (1912),  22  I.,  675;  127  P.,  557. 

SEC.  662.  Conduct  of  Election.    The  rules  and  regulations 
for  voting  at  county  seat  elections,  as  provided  in  this  chap- 
ter, so  far  as  they  apply  to  ballots,  voting,  challenging,  can- 
vassing the  returns  and  declaring  the  result,  shall  apply  to 
elections  for  the  striking  off  of  any  part  of  any  county  and 
annexing  the  same  to  any  adjoining  county. 
Hist.     C.  L.  478. 
Cited:  Lippincott  vs.  Carpenter  (1912),  22  I.,  675;  127  P.,  557. 

SEC.  663.  Form  of  Ballot.  It  shall  be  the  duty  of  the 
auditor  of  the  county  wherein  it  is  proposed  to  hold  an  elec- 
tion for  the  removal  of  the  county  seat,  or  changing  county 
lines,  to  cause  to  be  printed  separate  ballots  at  the  same 
time  and  in  the  same  manner  as  ballots  for  the  general 
election  are  printed. 

Such  separate  ballots  shall  be  three  inches  square,  or  as 
near  this  size  as  practicable,  and  on  one  side  there  shall  be 
printed  the  following  words : 

For  removal  of  the  county  )  No. 
seat  to )  Yes. 

)  No. 
For  changing  -county  lines  V 

)  Yes. 

(As  the  case  may  be). 

And  the  auditor  shall  send  an  equal  number  of  these  spe- 
cial ballots,  with  the  ballots  furnished  for  the  general  elec- 
tion, to  each  voting  precinct  of  the  county  and  at  the  same 
time. 

Hist.     C.  L.  479. 

Cited:  Lippincott  vs.  Carpenter  (1912),  22  I.,  675;  127  P.,  557. 
Whitla  vs.  Quarles  (1908),  15  L,  604,  98  P.,  631. 

Not  Effected  by  General  Election  Statute:  This  statute  is  still 
in  force  and  effect  in  reference  to  the  size,  form  and  manner  of  prep- 
aration of  ballots  for  county  seat  removals.  Whitla  vs.  Quarles 
(1908),  15  I.,  604,  98  P.,  631. 

CHAPTER  XV. 

COMPILED  STATUTES,  CH.  38. 
SPECIAL  ELECTIONS. 

SEC.  664.  Conduct  of  Special  Elections.  Special  elections 
shall  be  conducted  and  the  results  thereof  canvassed  and 


92  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

certified  in  all  respects,  as  near  as  practicable,  in  like  man- 
ner as  general  elections,  except  as  otherwise  provided;  but 
special  elections  shall  not  be  held,  unless  when  required  by 
public  good,  and  in  no  case  within  ninety  days  next  preced- 
ing a  general  election. 

Hist.     C.  L.  480. 

Cross  Reference:  Special  elections  to  fill  vacancies  in  the  Legis- 
lature, Sec.  462.  In  office  of  Representative  in  Congress,  Sec.  463  and 
464.  County  bond  elections,  Sees.  3527-3531  inc.,  C.  S. 

SEC.  665.  Meeting  of  Canvassing  Board.  In  all  cases 
where  special  elections  are  to  be  held  to  fill  vacancies  in  of- 
fices, the  board  of  canvassers  shall  meet  at  twelve  o'clock 
noon  on  the  third  day  after  such  election,  to  canvass  the 
votes  cast  at  such  election  ,and  the  county  auditor,  within 
four  days  after  any  special  election  for  a  member  of  the 
Legislature,  or  Representative  in  Congress,  shall  transmit 
to  the  Secretary  of  State  an  abstract  of  the  votes  cast  at  said 
election,  if  there  be  more  than  one  county  in  the  district. 

Hist.     C.  L.  481. 

SEC.  666.  Same:  Time  of  Meeting.  Within  ten  days 
after  said  election  in  the  case  last  mentioned,  the  board  of 
state  canvassers  shall  meet  and  canvass  the  votes  cast  to 
fill  such  vacancy,  and  if  the  returns  have  not  been  received 
from  all  the  counties  composing  said  district,  they  may  ad- 
journ to  such  day  as  they  deem  necessary,  not  exceeding 
five  days,  for  the  purpose  of  receiving  said  returns* 

Hist.     C.  L.  482. 

SEC.  667.  General  Election  Law  Applicable.  The  pro- 
visions relating  to  general  elections  shall  govern  special  elec- 
tions, except  where  otherwise  provided  for. 

Hist:     C.  L.  483. 

Cited:  Gillesby  vs.  Comrs.  of  Canyon  County  (1910),  17  I.,  586; 
107  P.,  71;  Ann.  Cas.,  1913B,  17,  23,  24;  1916D,  62. 

SEC.  668.  Notice  of  Special  Election.  Whenever  a  spe- 
cial election  is  ordered  by  the  board  of  commissioners,  notice 
must  be  issued  and  posted  in  the  same  manner  as  for  a  gen- 
eral election. 

Hist.     C.  L.  484. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  93 

CHAPTER  XVI. 

COMPILED  STATUTES,  CH.  23. 
RESIGNATIONS  AND  VACANCIES. 

SEC.  642.  Vacancy  in  Legislative  Office :  Special  Elec- 
tion. When  a  vacancy  occurs  in  the  office  of  a  member  of 
the  Legislature,  and  the  body  in  which  such  vacancy  exists 
is  in  session,  or  will  convene  prior  to  the  next  general  elec- 
tion, the  Governor  shall  order  a  special  election  to  fill  such 
vacancy  at  the  earliest  practicable  time,  and  ten  days'  notice 
of  such  election  shall  be  given. 

Hist.     C.  L.  325. 

Cross  Reference:  Conduct  of  Special  Elections,  S«cs.  664-668 
C.  S. 

SEC.  463.  Vacancy :  U.  S.  Senator.  That  whenever  any 
vacancy  shall  occur  in  the  office  of  United  States  Senator 
from  the  State  of  Idaho  by  death,  resignation  or  otherwise, 
the  Governor  shall  have  the  power  and  is  hereby  authorized 
and  empowered  to  fill  such  vacancy  by  appointment,  and 
the  person  so  appointed  shall  hold  such  office  until  such  time 
as  a  United  States  Senator  is  regularly  elected  to  fill  such 
vacancy,  at  the  next  succeeding  general  election,  and  quali- 
fies by  virtue  of  such  election :  Provided,  however,  That  In 
case  a  vacancy  occurs  in  the  position  of  United  States  Sena- 
tor from  the  State  of  Idaho  within  thirty  days  of  any  gen- 
eral election,  no  election  for  United  States  Senator  to  fill 
vacancy  shall  be  held  at  such  general  election. 

Hist.     C.  L.  325a.  Laws  1917,  Ch.  27,  Sec.  1. 

SEC.  464.  Same:  Representative  in  Congress.  When- 
ever any  vacancy  shall  occur  in  the  office  of  Representative 
in  Congress  from  the  State,  it  shall  be  the  duty  of  the  Gov- 
ernor to  appoint  a  day  to  hold  a  special  election  to  fill  such 
vacancy,  and  cause  notice  of  such  election  to  be  given  as  re- 
quired in  Section  499  and  500  of  these  Codes. 
Hist.  C.  L.  326. 

CHAPTER  XVII. 

COMPILED  STATUTES,  CH.  150,  ART.  3. 
ERECTION  OF  PUBLIC  BUILDINGS. 

SEC.  3464.  Erection  of  Court  House:  Bond  Election. 
Whenever  the  interests  of  any  county  require  it,  and  the 
Board  of  Commissioners  of  the  county  deem  it  for  the  pub- 


94  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

lie  good  to  purchase  a  site  and  erect  thereon  a  court  house 
and  jail,  or  either  thereof,  and  furnish  the  same;  and  the 
expense  of  purchasing  such  site,  or  erecting  such  buildings 
of  suitable  size  and  capacity  and  furnishing  the  same  would 
exceed  the  revenue  of  one  year  applicable  to  that  purpose, 
and  the  board  deems  it  for  the  public  good  to  bond  the  coun- 
ty for  the  purpose  of  providing  funds  therefor,  the  Board  of 
Commissioners  may,  by  a  resolution  adopted  at  a  regular  or 
any  special  meeting  called  for  that  purpose,  call  a  special 
election  for  such  purpose,  or  submit,  at  any  general 
election,  the  question  of  issuing  negotiable  coupon  bonds 
to  an  amount  deemed  necessary  to  defray  the  expenses  of 
purchasing  such  site  and  erecting  and  furnishing  such  build- 
ings. 

Hist.     C.  L.  1932. 

Cited:  Bannock  County  vs.  Bunting  (1894),  4  L,  156;  37  P.,  277; 
McNutt  vs.  Lemhi  County  (1906),  12  L,  63;  84  P.,  1054. 

Cross  Reference :  City  and  County  Buildings :  Sees.  3467  to  3469 ; 
Laws  '19,  Ch.  126,  p.  411. 

Construction  with  Constitution :  Under  the  provisions  of  this  sec- 
tion a  bridge  cannot  be  built  at  a  cost  exceeding  $1,000.00  unless 
one-third  of  the  taxpayers  who  are  voters  petition  therefor,  but  since 
the  adoption  of  the  Constitution  this  provision  has  been  changed  and 
only  applies  when  the  revenue  for  the  fiscal  year  is  not  exceeded,  for 
if  such  cost  exceeds  the  revenue  for  the  fiscal  yaer,  the  bridge  cannot 
be  built  without  a  two-thirds  vote.  Dunbar  vs.  Board  of  County  Com- 
missioners (1897),  5  L,  407;  49  P.,  409. 

Advertisement  for  Bids:  In  the  matter  of  advertising  for  bids 
and  letting  contracts  for  public  buildings  or  improvements,  the  pro- 
visions of  this  section  must  be  substantially  followed,  and  before  a 
Board  of  County  Commissioners  can  legally  advertise  for  competitive 
bids  for  the  erection  of  a  bridge,  they  must  adopt  plans  and  specifica- 
tions of  such  bridge.  Any  contract  made  without  adopting  such  speci- 
fications, or  made  when  the  specifications  have  been  adopted  after 
publication  of  the  notice  is  void.  Andrews  vs.  Board  of  Commission- 
ers (1900),  7  L,  453;  63  P.,  592. 

Successful  Bidders:  The  contract  must  be  let  to  the  lowest  re- 
sponsible bidder.  Andrews  vs.  Board  of  Commissioners  (1900),  7  L, 
453;  63  P.,  592. 

SEC.  3465.  Purchase  of  Site  and  Letting  of  Contract.  If 
two-thirds  of  the  qualified  electors  of  the  county  voting  at 
such  election,  vote  in  favor  of  the  issuance  of  the  bonds,  the 
Board  of  Commissioners  shall  select  and  purchase,  or,  if 
necessary,  cause  to  be  condemned,  for  the  use  of  the  county, 
a  suitable  site  for  said  buildings,  and  cause  to  be  prepared 
plans  and  specifications  for  such  court  house  and  jail,  or 
either  thereof  as  the  case  may  be,  and  advertise  in  a  weekly 
newspaper  of  the  county  for  thirty  days  calling  for  sealed 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  95 

proposals  or  bids  for  the  construction  of  said  buildings.  The 
published  notice  shall  contain  a  general  statement  of  the 
character  and  limited  cost  of  the  building  or  buildings,  and 
state  that  the  plans  and  specifications  thereof  may  be  found 
and  examined  in  the  office  of  the  clerk  of  the  board,  and  state 
the  day  when  the  sealed  proposals  will  be  opened  and  con- 
sidered. The  sealed  proposals  must  be  opened  and  consid- 
ered publicly,  and  the  contract  let  to  the  lowest  responsible 
bidder,  unless  all  bids  are  rejected;  and  if  all  bids  are  rer 
jected,  the  board  may  advertise  for  new  bids,  or  let  the  con- 
tract, provided  it  be  for  a  less  sum  than  that  offered  to  the 
lowest  bidder.  The  board  must  require  a  good  and  sufficient 
bond  of  the  contractor  conditioned  for  the  faithful  perform- 
ance of  the  contract  according  to  the  plans  and  specifica- 
tions. The  board  shall  have  full  power  and  authority  to  do 
and  perform  any  act  in  relation  to  purchasing  such  site  and 
erecting  said  buildings,  at  any  special  or  called  meeting 
when  all  members  of  the  board  are  present,  or  at  any  reg- 
ular meeting  of  the  board. 
Hist.  C.  L.  1933. 

SEC.  3466.  Statutes  Governing  Election  and  Bond  Issue. 
The  board  shall  be  governed  in  calling  and  holding  said  elec- 
tion, and  in  the  issuance  and  Sale  of  said  bonds,  and  in  pro- 
viding for  the  payment  of  the  interest  thereon,  and  for  their 
redemption,  by  the  provisions  of  Sections  3519  to  3531,  in- 
clusive, of  these  Codes. 

Hist.     C.  L.  1934. 

SEC.  3467.  Any  county  and  a  city  of  the  first  class,  or  a 
city  acting  under  special  charter,  situated  within  such  coun- 
ty, and  being  the  county  seat  thereof,  are  hereby  authorized 
and  empowered  to  acquire  and  own  a  site  or  sites  within 
the  limits  of  such  city  and  jointly  to  construct  public  build- 
ings thereon,  to  be  jointly  owned  and  used  by  such  county 
and  city ;  or  one  of  such  municipalities  may  purchase  an  in- 
terest in  a  site  already  owned  by  the  other  and  they  may 
then  jointly  construct  public  buildings  thereon. 
Hist.  Laws  '19,  Ch.  126,  p.  411. 

SEC.  3468.  That  the  Board  of  County  Commissioners  of 
such  county  and  the  city  council  or  other  governing  body  of 
such  city,  are  hereby  authorized  and  empowered  to  enter 
into  all  necessary  contracts  or  agreements  with  respect 
thereto  and  also  all  necessary  contracts  and  agreements  as 


96  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

between  such  county  and  city  for  apportioning  the  expenses 
of  acquiring  such  site  and  constructing  such  buildings  and 
for  the  maintenance,  operation  and  use  thereof,  and  may 
from  time  to  time  modify  or  change  such  agreements  as  they 
may  deem  best. 

Hist.     Laws  '19,  Ch.  126  p.  411. 

SEC.  3469.  Counties  and  cities  operating  under  this  act, 
are  hereby  authorized  and  empowered  to  incur  indebtedness 
and  issue  bonds  for  any  of  the  purposes  authorized  hereby 
in  the  same  manner  in  which  they  are  now  or  hereafter  may 
be  authorized  by  law  to  incur  indebtedness  and  issue  bonds 
for  similar  purposes. 

Hist.     Laws  '19,  Ch.  126,  p.  411. 

CHAPTER  XVIII. 

COMPILED  STATUTES,  CH.  150,  ART.  8. 
COUNTY  BOND  ISSUES. 

SEC.  3527.  Notice  of  Bond  Election.  If  the  question  of 
bonding  the  county  as  herein  provided,  is  to  be  submitted  to 
the  voters  of  the  county  at  a  special  election  held  for  that 
purpose,  the  board  shall  cause  printed  or  written  notices  of 
the  intention  to  hold  such  an  election  to  be  posted  in  two  or 
more  conspicuous  places  in  each  precinct  of  the  county,  and 
shall  also  cause  a  printed  notice  of  the  intention  to  hold  such 
an  election  to  be  published  in  one  or  more  newspapers  of  the 
county,  if  any  newspapers  are  printed  therein.  The  said  no- 
tices shall  recite  the  action  of  the  board  in  deciding  to  bond 
the  county,  the  purpose  thereof,  and  the  amount  of  the 
bonds  that  are  to  be  issued,  and  shall  also  specify  the  day 
of  the  election,  the  time  during  which  the  polls  shall  be  open, 
which  shall  not  be  less  than  six  hours;  the  notices  posted 
in  each  of  the  several  precincts  shall  also  name  the  place  of 
holding  such  election.  The  notices  herein  provided  for  shall 
be  posted,  or  posted  and  published,  at  least  twenty  days  be- 
fore such  election.  Every  person  over  the  age  of  twenty- 
one  years,  who  is  a  citizen  of  the  United  States,  and  shall 
have  resided  in  the  State  six  months,  and  in  the  county 
thirty  days  immediately  preceding  the  election  at  which 
he  offers  to  vote,  shall  be  entitled  to  vote  at  such  election. 

Hist.     C.  L.  1968.     Laws  1909,  page  189. 

Recitals  of  Notice :  It  is  not  necessary  to  specify  in  the  notice  of 
a  county  bond  election  the  particular  roads  and  bridges  which  are  to 
be  built  or  repaired  by  the  proceeds  realized  from  the  sale  of  the  bonds. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  97 

Independent  Highway  District  vs.  Ada  County  (1913),  24  I.,  416;  134 
P.,  542. 

Cited:      (On  rehearing)    Gilbert  vs.   Canyon  Co.    (1908),  14  I., 
437;  94  P.,  1029. 

SEC.  3528.  Conduct  of  Election :  Application  of  Election 
Laiv.  Such  election  shall  be  held  in  all  respects  in  conform- 
ity with  the  general  election  laws  so  far  as  the  same  may 
be  applicable,  except  as  herein  provided,  but  all  that  part 
of  the  general  election  law  relative  to  the  apportionment  of 
registrars  and  the  registration  of  voters,  the  appointment 
of  judges  and  clerks,  and  the  establishment  of  voting  booths 
and  printing  of  an  official  ballot,  and  providing  for  an  of- 
ficial stamp,  and  method  of  voting  as  provided  in  Sections 
591,  592  and  593  of  the  General  Electon  Laws,  shall  not 
apply. 

Hist.     C.  L.  1968. 

SEC.  3529.  Offcers  of  Election:  Canvass  of  Returns. 
The  board  of  county  commissioners  shall  appoint  two 
judges  and  one  clerk  of  election  in  each  precinct,  for  the 
purpose  of  holding  such  election,  and  upon  the  failure  of 
either  to  act,  the  electors  present  at  the  opening  of  the  polls 
may  fill  vacancies.  Such  judges  and  clerk  conducting  such 
election  shall  make  return  of  such  election  to  the  board  of 
county  commissioners,  within  three  days  after  such  election 
is  held.  The  returns  of  bond  elections  shall  be  canvassed  in 
the  same  manner  as  the  returns  for  election  of  county  and 
precinct  officers  are  canvassed,  and  the  result  of  the  vote 
shall  be  officially  declared  by  the  county  board  of  canvas- 
sers in  the  following  manner.  They  shall  record  the  total 
vote  cast  in  each  precinct  for  and  against  the  -proposed  is- 
sue of  bonds,  in  the  book  provided  for  recording  the  results 
of  the  general  election,  and  shall  make  a  complete  copy  of 
such  record,  duly  certified  to  them,  and  shall  deposit  the 
same  with  the  auditor  of  the  county. 

Hist.     C.  L.  1970. 

Cited:     Bryan  vs.  Montandon   (1898),  6  L,  352;  55  P.,  650. 

SEC.  3530.  Form  of  Ballot.  Such  election  shall  be  by 
ballot.  The  ballot  shall  be  of  white  paper,  three  inches 
square,  and  shall  contain  the  words  "Bond.  Yes."  "Bond. 
No."  and  shall  have  printed  at  the  top  the  following  instruc- 
tion :  "If  the  voter  desires  to  vote  for  the  issue  of  bonds, 
he  shall  strike  out  the  word  'No/  If  he  desires  to  vote 
against  the  issue,  he  shall  strike  out  the  word  'Yes'."  The 


98  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

auditor  of  the  county  shall  cause  the  ballots  to  be  printed 
and  distributed,  and  shall  send  a  sufficient  number  to  the 
judges  appointed  in  the  several  precincts. 
Hist.     C.  L.  1971. 

SEC.  3531.  Voting  on  Bonds  at  General  Election.  The 
special  election  herein  provided  for,  may  be  held  at  the  sam-3 
time  and  place  at  which  the  general  election  is  held,  and 
the  officers  at  the  general  election  in  each  precinct  may 
serve  as  officers  of  the  special  election,  but  the  notices  of 
the  election  must  be  given,  and  the  ticket  printed  and  dis- 
tributed as  herein  prescribed;  the  ticket  when  voted,  shall 
be  deposited  in  a  separate  box  provided  for  its  reception; 
the  return  of  the  vote  by  the  judges  of  election  shall  be  on 
a  separate  sheet  from  the  return  of  the  general  election, 
and  shall  be  canvassed  as  hereinbefore  provided  for. 

ARTICLE  9. 

County  Road  Bonds-.     Partly  Payable   by  Special  Assessments. 

Cross  Reference:     Similar  provisions  are  found  in  the  highway 
district  law:     1557-1567. 

SEC.  3532.  Assessment  against  adjoining  property :  Spe- 
cial tax  districts.  Whenever  it  shall  be  proposed  to  issue 
bonds  of  a  county  for  road  purposes,  as  authorized  by  law, 
the  Board  of  Commissioners  for  such  county  may,  in  their 
discretion,  propose  by  resolution  that  the  revenues  to  be 
raised  by  taxation  to  enable  such  county  to  pay  the  princi- 
pal and  interest  of  such  bonds  shall  be  raised  in  part  by 
special  taxation  therefor  upon  the  land  adjoining  the  roads 
constructed  with  the  proceeds  of  such  bonds,  and  may  pass 
a  resolution  which  shall  provide  as  follows: 

( 1 )  That  it  is  proposed  that  the  revenues  to  be  raised  by 
taxation  to  enable  such  county  to  pay  the  principal  and  in- 
terest of  such  bonds  shall  be  raised  in  part  by  special  taxa- 
tion therefor  upon  the  lands  adjoining  the  roads  construct- 
ed with  the  proceeds  of  such  bonds ;  and  that,  of  the  entire 
bond  issue  (stating  the  amount),  it  is  proposed  to  provide 
for  a  portion  not  exceeding  certain  amount  (stating  such 
maximum  amount  in  dollars)  by  special  taxation  therefor 
upon  adjoining  land. 

(2)  That,  for  such  purpose,  special  tax  districts  shall  be 
created  along  the  line  of  construction  of  such  roads,  extend- 
ing not  more  than  a  specified  distance  (which  shall  not  be 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  99 

greater  than  one  (1)  mile,  on  each  side  of  such  roads;  that 
so  nearly  as  may  be  practicable  such  special  tax  districts 
shall  be  generally  rectangular  in  form,  or  composed  of  gen- 
erally rectangular  units,  following  generally  the  course  and 
direction  of  the  road  and  observing,  so  far  as  is  reasonably 
practicable,  the  requirement  and  principle  that  all  the  land 
within  any  special  tax  district  shall  be  land  lying  generally 
along  the  course  and  direction  of  such  road  and  extending 
within  the  limits  of  a  specified  distance  back  therefrom, 
but  that  absolute  uniformity  shall  not  be  required  in  the 
application  of  such  requirement  and  principle;  that  such 
specified  maximum  distance  shall  be  the  same  in  all  the 
special  tax  districts  created  in  respect  to  such  bond  issue; 
that  the  aforesaid  maximum  distance  from  the  road  may  be 
enlarged  in  any  special  tax  district  in  case  any  of  the  land 
lying  between  the  road  and  the  boundary  of  such  district 
would,  if  confined  within  such  distance,  be  made  to  include 
land  under  water  or  land  not  subject  to  taxation  by  coun- 
ties, or  land  unfit  for  use  and  cultivation  and  not  having 
value  sufficient  to  justify  the  imposition  of  special  taxation 
thereon,  and  that,  in  such  case,  land  lying  beyond  such  land 
may  be  included  within  such  special  tax  district  in  lieu  there- 
of ;  and  that  the  judgment  of  the  Board  of  Commissioners 
as  to  all  the  matters  herein  specified  shall  be  made  in  the 
exercise  of  their  taxing  power  as  an  executive  authority, 
and  shall  be  conclusive,  except  as  the  same  may  be  reviewed 
by  the  District  Court  as  provided  in  Section  3537. 

(3)  That  the  land  within  such  special  tax  districts  shall 
be  charged  with  not  more  than  a  certain  maximum  percent- 
age, specified  in  the  resolution  (but  not  exceeding  fifty  (50) 
per  cent) ,  of  the  cost  of  that  part  of  every  road  constructed 
with  the  proceeds  of  such  bond  issue  which  shall  lie  within 
such  special  tax  districts,  respectively ;  and  that  the  amount 
of  such  special  tax  therefore  per  acre  shall  not  exceed  a 
certain  specified  amount  of  any  single  earth  road,  nor  a  cer- 
tain specified  amount  for  any  single  stone  road,  nor  a  cer- 
tain specified  amount  for  any  single  road  of  other  material, 
together  with  the  yearly  interest  thereon ;  except  that,  if  it 
is  not  proposed  to  build  earth  roads,  the  refence  to  earth 
roads  shall  be  omitted;  if  it  is  not  proposed  to  build  stone 
roads,  the  reference  to  stone  roads  shall  be  omitted ;  and  if 
it  is  not  proposed  to  build  roads  of  other  material,  the  ref- 
erence to  roads  of  other  material  shall  be  omitted. 


100  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

(4)  That  such  special  tax  against  land  within  such  spe- 
cial tax  districts  shall  in  no  case  be  levied  or  charged  against 
such  land  until  the  road  for  which  such  special  tax  is  im- 
posed, shall  have  been  constructed  to  within  one  (1)  mile 
of  such  land,  the  cost  thereto  certified  and  the  road  accepted 
by  the  Board  of  Commissioners. 

(5)  That  so  much  of  such  special  tax  as  is  required  to 
pay  the  interest  on  the  portion  of  the  bonded  debt  for  which 
the  land  within  any  such  special  tax  district  is  specially 
taxed  shall  be  payable  in  each  year,  and  that  so  much  of 
such  special  tax  as  is  required  to  pay  the  principal  of  the 
portion  of  the  bonded  debt  for  which  such  land  is  specially 
taxed  shall  be  payable  at  the  same  times  as  the  general  taxes 
levied  in  the  county  to  provide  for  the  principal  of  such 
bonds,  and  shall  be  extended  over  the  same  number  of  years 
and  subject  to  the  same  provisions  in  respect  to  funding  and 
refunding,  except  as  in  this  Chapter  otherwise  provided. 

(6)  That  all  land  within  such  special  tax  districts  shall 
also  be  subject  to  the  same  taxation  at  the  same  rate  as 
other  property  in  the  county  for  the  purpose  of  meeting  the 
principal  and  interest  requirements  of  that  portion  of  such 
bond  issue  which  is  not  charged  against  adjoining  property 
but  is  paid  by  the  county  as  a  whole. 

All  the  provisions  of  such  resolution  shall  be  observed  and 
followed  in  the  issuance  of  such  bonds  and  in  all  acts  and 
proceedings  of  the  county  or  Board  of  Commissioners  in  re- 
spect thereto.  The  provisions  of  Section  3519  to  3531  in- 
clusive, of  the  Compiled  Statutes,  except  so  far  as  other 
special  provision  is  made  therefor  in  Sections  3532  to  3542, 
inclusive,  of  this  Chapter,  shall  apply  in  respect  to  the  bonds 
issued  as  provided  in  this  section  and  to  the  procedure 
thereon. 

Hist.     C.  L.  1972a.  Laws  1911,  page  588. 

SEC.  3533.  Election  Ballots.  At  the  election  upon  the 
question  of  issuing  such  bonds,  the  ballots  shall  be  in  sub- 
stantially the  following  form: 

"In  favor  of  issuing  bonds  to  the  amount  of 

Dollars  for  the  purpose  stated  in  Resolution  of 

19 ";  and  "Against  issuing  bonds  to  the  amount  of 

Dollars  for  the  purpose  stated  in  Resolution 

of ,  19 ";  and  "Shall  a  portion  of  the 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  101 

indebtedness    created    by    such    bond  issue,  not  exceeding 

Dollars,  thereof,  be  charged  against  the  land 

adjoining  the  roads  built  with  the  proceeds  of  such  bonds, 
such  portion  to  be  paid  by  special  tax  on  such  adjoining 
land,  running  over  the  same  number  of  years  as  the  bonds 
themselves ;  such  special  tax  not  to  exceed  (exclusive  of  in- 
terest) for  a  single  road Dollars  per  acre  for 

earth  roads,  Dollars  per  acre  for  stone  roads 

or ...Dollars  per  acre  for  roads  of  other  materials, 

and  not  to  be  levied  or  assessed  against  such  adjoining  lands 
until  such  roads  have  been  built  to  within  one  (1)  mile 
thereof?  Yes.  No." 

The  blanks  in  such  ballots  shall  be  properly  filled  before 
printing  the  same,  in  accordance  with  the  resolution  of  the 
Board  of  Commissioners  provided  for  in  Section  3532 ;  ex- 
cept that  if  it  is  not  proposed  to  build  earth  roads,  the  refer- 
ence to  earth  roads  shall  be  omitted ;  if  it  is  not  proposed  to 
build  stone  roads,  the  reference  to  stone  roads  shall  be  omit- 
ted ;  and  if  it  is  not  proposed  to  build  roads  of  other  mate- 
rials, the  reference  to  roads  of  other  materials  shall  be 
omitted. 

Hist.     C.  L.  1972b.  Laws  1911,  page  590. 

SEC.  3534.  Same:  Two-Thirds  Vote  Necessary.  In  or- 
der to  authorize  the  issue  of  any  bonds  under  the  resolution 
provided  for  in  Section  3532  hereof,  at  least  two-thirds  of 
the  ballots  voted  at  such  election  whereon  the  elector  has 
voted  on  the  question  of  issuing  bonds,  must  be  in  favor 
thereof;  and  in  order  that  a  portion  of  the  indebtedness  to 
be  created  by  such  bond  issue  shall  be  charged  and  assessed 
against  adjoining  land  within  the  special  tax  districts,  at 
least  a  majority  of  the  ballots  voted  at  such  election  where- 
on the  voter  has  voted  on  the  question  of  charging  portion 
of  the  indebtedness  against  adjoining  land  must  be  in  favor 
thereof ;  but  the  defeat  of  the  latter  proposal  shall  not  have 
the  effect  of  defeating  the  proposal  to  issue  bonds  if  the 
proposal  to  issue  bonds  has  itself  been  carried  by  a  two- 
thirds  vote.  If  the  proposal  to  issue  bonds  be  carried  as 
above  provided  and  the  proposal  to  charge  part  of  the  in- 
debtedness upon  adjoining  land  be  defeated,  then  the  bonds 
may  be  issued,  and,  in  such  case,  all  proceedings  had  in  re- 
spect thereto  shall  be  conducted  as  in  Sections  3519  to  3531, 
inclusive,  Compiled  Statutes,  except  as  the  proceedings  to 


102  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

that  point  may  have  been  modified  as  in  Sections  3532, 
3533,  and  3534  of  this  Chapter  provided,  and  thereafter, 
Sections  3535  to  3542,  inclusive,  of  this  Chapter  shall  not  be 
applicable  in  respect  to  such  bond  issue.  But,  if  the  pro- 
posal to  charge  part  of  the  indebtedness  created  by  such 
bond  issue  against  adjoining  land  be  also  carried  as  herein 
provided,  then  Sections  3535  to  3542  hereof,  inclusive,  shall 
be  applicable  in  respect  to  the  proceedings  had  on  such 
bond  issue. 

Hist.     C.  L.  1972c.  Laws  1911,  page  591. 

SEC.  353,5.  Form  of  Bonds.  In  case  such  vote  be  in  favor 
of  charging  part  of  the  indebtedness  to  be  created  by  such 
bond  issue  against  adjoining  land,  the  bonds  may  be  issued 
and  the  proceedings  shall  be  had  thereunder  (except  as  to 
the  form  of  ballots)  as  in  Sections  3519  to  3531,  inclusive, 
of  the  Compiled  Statutes,  provided,  except  where  other  spe- 
cial provisions  of  the  subject  are  made  in  Sections  3535  to 
3545,  inclusive,  of  this  Chapter.  All  such  bonds  shall  be  as 
between  the  county  and  the  bondholders  the  direct  and  pri- 
mary obligation  of  the  county  for  the  full  amount  of  the 
principal  and  interest  thereof;  but  the  county  shall,  as  be- 
tween the  county  and  the  owners  of  lands  within  the  special 
tax  districts  herein  provided  for,  assess  and  collect  from 
such  lands  or  the  owners  thereof  an  amount  of  money  suffi- 
cient to  reimburse  the  county  to  the  extent  of  the  propor- 
tion of  such  bonded  debt  that  has  been  charged  against  the 
lands  in  such  special  tax  districts  as  herein  provided. 

Hist.     C.  L.  1972d.  Laws  1911,  page  591. 

SEC.  3536.  Special  Tax  Districts:  Apportionment  of 
Costs.  As  fast  as  any  road  built  with  the  proceeds  of  such 
bond  issue  is  built  and  completed  within  an  area  of  land 
which,  under  the  resolution  of  the  Board  of  Commissioners 
provided  for  in  Section  3532  hereof,  may  be  created  a  spe- 
cial tax  district,  and  when  such  road  has  been  accepted  by 
the  Board  of  Commissioners  and  the  Board  of  Commission- 
ers have  certified  to  the  cost  of  such  road  so  far  as  such 
road  lies  within  such  special  tax  district,  then  the  Board  of 
Commissioners  shall,  by  order,  create  such  special  tax  dis- 
trict and  shall  fix  and  designate  the  boundaries  thereof  in 
conformity  with  the  requirements  and  principles  specified 
in  Section  3532  hereof,  and  shall  designate  the  portion  of 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  10-3 

the  cost  of  such  road  to  be  charged  against  the  land  in  such 
special  tax  district,  not  exceeding  the  maximum  percentage 
specified  in  their  original  resolution,  and  shall  thereupon  fix 
and  determine  the  amount  per  acre  thereby  charged  against 
such  lands  within  such  special  tax  district,  not  exceeding,  in 
respect  to  any  single  road,  the  maximum  amount  per  acre 
specified  for  a  road  of  that  material  in  the  original  resolu- 
tion ;  such  amount  per  acre  need  not  be  the  precise  propor- 
tionate cost  of  such  road  but  may  be  the  approximate  pro- 
portion, avoiding  inconvenient  fractions  or  fractional  parts 
of  a  dollar,  and  shall  be  the  same  uniform  amount  per  acre 
throughout  any  single  special  tax  district.  The  Board  of 
Commissioners  shall  include  as  part  of  the  cost  of  such  road 
the  fair  and  reasonable  portion  of  overhead  charges  prop- 
erly applicable  thereto.  From  time  to  time,  as  roads  or  por- 
tions of  roads  are  completed  and  accepted  and  the  cost  there- 
of certified,  the  Board  of  Commissioners  shall  create  the 
proper  tax  districts  therefor.  In  respect  to  each  such  spe- 
cial tax  district  created  under  this  Chapter,  the  Board  of 
Commissioners  is  hereby  constituted  the  local  executive  au- 
thority of  each  such  special  tax  district,  severally,  with  au- 
thority in  respect  to  each  such  district  to  levy  the  special 
tax  herein  provided  for,  such  authority  being  confined  in 
each  such  district  to  the  limits  of  such  district,  and  within 
such  limits,  the  special  tax  in  each  such  special  tax  district 
shall  be  at  a  uniform  amount  per  acre  throughout  such  spe- 
cial tax  district.  The  order  of  the  Board  of  Commissioners 
creating  such  special  tax  district  and  fixing  and  determin- 
ing its  boundaries,  stating  the  number  of  acres  therein,  fix- 
ing the  amount  of  the  indebtedness  created  by  such  bond  is 
sue  which  is  charged  against  the  land  in  such  special  tax  dis- 
trict and  the  amount  per  acre  to  be  specially  taxed  against 
the  land  therein,  shall  be  entered  at  length  on  the  minutes 
of  the  Board  of  Commissioners  and  shall  be  open  to  public 
inspection,  and  a  notice  stating  generally  the  nature  and 
date  of  such  order  and  designating  the  townships  and  sec- 
tions within  such  special  tax  district  shall  be  published  for 
at  least  two  (2)  publications  in  a  newspaper  published  in 
the  county ;  and,  on  the  filing  with  the  clerk  of  the  Board  of 
Commissioners  of  proof  of  such  publication,  such  order 
shall  be  deemed  complete,  and  the  making  of  such  order  and 


104  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

the  publication  of  such  notice  shall  be  deemed  notice  to  all 
the  word  therof . 

Hist.     C.  L.  1972e.  Laws  1911,  page  592. 

SEC.  3537.  Apeal  From  Order  of  Board..  Within  thirty 
days  after  such  filing,  but  not  after  the  expiration  of  such 
thirty  days,  any  owner  of  land  within  such  special  taxing 
district  may  file  in  the  office  of  the  clerk  of  the  Board  of 
Commissioners  a  copy  of  a  verified  petition  in  a  proceeding 
in  the  District  Court  of  the  district  for  the  review  of  such 
order,  specifying  the  grounds  of  objection  thereto.  At  the 
expiration  of  such  thirty  days,  all  such  proceedings  relating 
to  the  same  special  tax  district  wherein  copies  of  petitions 
for  review  have  been  duly  filed  shall  be  consolidated  by  or- 
der of  the  District  Court  into  a  single  preceding,  and  such 
notice  shall  be  given  and  such  procedure  followed  therein  as 
the  District  Court  shall  prescribe;  and  such  District  Court 
shall  have  jurisdiction  as  a  court  of  equity  and  without  a 
jury  to  try  and  determine  such  proceeding;  on  such  review, 
the  only  question  to  be  tried  and  determined  shall  be 
whether,  in  creating  such  special  tax  district  and  in  fixing 
the  amounts  so  charged  against  the  land  therein,  the  Board 
of  Commissioners  have  observed  the  requirements  and  prin- 
ciples specified  in  Section  3532  hereof,  and  the  District 
Court  shall,  if  it  determine  that  the  Board  of  Commission- 
ers have  materially  departed  from  such  requirements,  and 
principles,  make  a  final  order  in  such  preceding  directing 
any  necessary  change  or  modification  in  the  order  of  the 
Board  of  Commissioners,  and  the  Board  of  Commissioners 
shall  thereupon  make  such  changes  and  modifications  in 
their  order,  and  the  changed  or  modified  order  shall  be  sub- 
mitted to  the  District  Court  and  finally  made  as  directed 
and  approved  by  such  court ;  if  in  such  proceeding,  the  Dis- 
trict Court  shall  determine  that  the  Board  of  Commission- 
ers have  not  materially  departed  from  the  said  requirements 
and  principles,  it  shall  affirm  the  order  of  such  board.  On 
the  expiration  of  thirty  (30)  days  from  the  date  of  the 
Board  of  Commissioners  'original  order  without  any  copy  of 
a  petition  for  review  having  been  filed  as  herein  provided, 
or  on  the  filing  with  the  clerk  of  the  Board  of  Commission- 
ers of  the  order  of  the  District  Court  in  the  proceeding  for 
review  affirming  such  order,  or  on  the  filing  with  such  clerk 
of  the  new  order  of  the  Board  of  Commissioners  embodying 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  105 

the  changes  and  modifications  directed  by  the  District  Court 
in  such  proceeding  for  review,  with  the  written  approval 
of  the  court  sub  jointed  thereto,  as  the  case  may  be,  such 
order  shall  be  final  and  conclusive  against  all  the  world  in 
respect  to  all  the  maters  and  things  therein  contained. 
Hist.  C.  L.  1972f.  Laws  1911,  page  593. 

SEC.  3538.  Levy  of  Taxes  in  Special  Tux  Districts.  When 
such  orders  of  the  Board  of  Commissioners  has  become 
final  and  conclusive,  as  in  Section  3537  hereof  provided,  the 
Board  of  Commissioners  shall  thereupon  levy  upon  all  the 
land  within  the  special  tax  district  created  by  such  order  a 
special  tax  equal  in  amount  to  the  amount  so  charged  in  such 
order  against  such  special  tax  district,  specifying  the 
amount  per  acre  thereof,  and  the  clerk  of  the  Board  of  Com- 
missioners shall  thereupon  transmit  to  the  assessor  and  tax 
collector  of  the  county  a  certified  copy  of  such  levy  and  of 
the  order  creating  such  district,  and,  on  receiving  the  same, 
the  county  assessor  shall  thereupon  assess  against  the  land 
in  such  special  tax  district  the  amount  so  levied;  but  the 
same  shall  not  be  collected  except  as  installments  thereon 
shall  thereafter  be  called  for  by  the  annual  levies  made  by 
the  Board  of  Commissioners  of  the  taxes  necessary  to  meet 
the  requirements  of  such  bonds.  The  existence  of  such  as- 
sessment against  land  in  the  special  tax  districts  shall  not 
be  held  to  constitute  a  cloud  upon  the  title  thereof,  nor  as  a 
breach  of  a  covenant  of  warranty,  nor  of  the  covenant  of 
title,  nor  of  a  covenant  against  encumbrances  in  a  deed  or 
contract  for  such  land,  nor  as  rendering  the  title  to  such 
land  unmarketable.  The  special  tax  herein  authorized  with- 
in such  special  tax  districts  is  a  tax  for  the  purpose  of  se- 
curing for  such  special  tax  districts  the  benefit  of  local  roads 
within  the  limits  thereof,  as  distinguished  from  the  general 
purpose  of  the  bond  issue  as  a  whole  of  securing  the  benefit 
of  a  system  of  the  roads  for  the  country  at  large. 

Hist.  C.  L.  1972g.  Laws  1911,  page  594. 
SEC.  3539.  Limitation  on  Tax.  No  special  tax  or  charge 
shall  be  made  by  the  county  against  land  within  a  special 
tax  district  until  the  road  has  been  completed  to  within  at 
least  one  (1)  mile  of  all  the  land  within  such  special  tax  dis- 
trict and  the  road  has  been  accepted  by  the  Board  of  Com- 
missioners and  the  cost  thereof  certified  and  all  the  proceed- 
ings taken  thereon  as  herein  specified ;  and  all  interest  pay- 


106  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

able  on  the  bonds  up  to  that  time  shall  be  paid  by  the  county 
without  imposing  on  such  special  tax  district  a  special  tax 
therefor  other  than  its  share  in  the  taxation  of  the 
county  as  a  whole;  but,  after  such  special  tax  has 
been  levied  as  in  Section  3538  hereof  provided,  the 
Board  of  Commissioners  shall,  in  each  year,  at  the  same 
time  that  they  levy  the  tax  to  meet  the  interest  requirements 
of  such  bonds,  levy  also  a  special  tax  on  the  lands  within 
every  such  special  tax  district  then  created  sufficient  in 
amount  to  pay  the  interest  for  that  year  on  the  portion  of 
such  bond  issue  the  indebtedness  whereof  shall  have  been 
charged  against  such  special  tax  district  as  herein  pro- 
vided; and  whenever  the  Board  of  Commissioners  shall  levy 
a  tax  to  meet  any  principal  or  sinking  fund  requirements 
of  such  bonds,  they  shall,  at  the  same  time,  levy  also  a  spe- 
cial tax  on  the  land  within  every  such  special  tax  district 
then  created  sufficient  in  amount  to  pay  the  principal  or 
sinking  fund  requirements  for  that  year  on  the  portion  of 
such  bond  issue,  the  indebtedness  whereof  shall  have  been 
charged  against  such  special  tax  district  as  herein  provided. 
All  such  special  taxation  within  any  single  special  tax  dis- 
trict shall  be  of  a  uniform  amount  per  acre  within  such  spe- 
cial tax  district.  Each  installment  of  principal  or  sinking 
fund  taxation  collected  from  any  land  within  a  special  tax 
district  shall  be  credited  on  the  original  assessment  of  spe- 
cial tax  made  thereon  as  in  Section  3538  hereof  provided, 
and  when  all  such  installments  shall  have  been  paid,  such 
special  assessment  shall  be  deemed  cancelled,  paid  and  dis- 
charged. No  special  tax  district,  nor  any  land  therein,  shall 
ever  be  called  upon  to  pay  as  such  special  taxes  any  sum 
greater  than  the  amount  charged  against  such  district  or 
such  land  in  such  original  special  assessment,  and  its  pro- 
portionate share  of  interest  thereon.  In  making  the  levy 
for  the  requirements  of  such  bonds,  the  Board  of  Commis- 
sioners shall  levy  on  the  county  at  large  only  such  amount 
of  taxes  in  each  year  as  shall  be  required  to  meet  the  re- 
quirements for  that  year  of  that  portion  of  the  bond  issue 
which  has  not  been  charged  against  the  special  tax  districts ; 
but  should  such  levy,  together  with  the  levies  on  the  special 
tax  districts  in  any  year,  fail  to  produce  sufficient  funds  to 
meet  the  obligation  of  the  county  on  the  whole  issue,  then 
such  deficiency  shall  be  paid  out  of  the  other  revenues  of  the 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  107 

county  and,  if  necessary,  the  bond  levy  shall  be  increased  in 
the  following  year  to  make  good  such  deficiency;  and  no 
failure  or  delay  on  the  part  of  the  county  in  imposing,  levy- 
ing or  collecting  the  special  taxes  herein  provided  for  shall, 
as  between  the  county  and  the  bondholders,  impair  the  obli- 
gation of  the  county  upon  the  whole  of  such  bonds. 
Hist,  C.  L.  1972h.  Laws  1911,  page  594. 

SEC.  3540.  Collection  of  Texas  in  Special  Tax  District. 
The  land  within  each  special  tax  district  is  hereby  charged 
with  a  lien  in  favor  of  the  county  to  the  extent  of  the  entire 
amount  of  all  special  taxes  levied  on  the  land  within  such 
special  tax  district  in  accordance  with  the  provisions  of  this 
Chapter.  The  amounts  so  levied,  both  as  to  principal  and 
interest  shall  be  assessed  and  collected  by  the  tax  collector 
as  other  taxes  in  the  county  are  assessed  and  collected,  and 
all  the  general  provisions  of  law  shall  apply  to  the  collection 
thereof  and  the  rights  and  remedies  in  respect  thereto.  Such 
portions  of  the  amount  of  any  bond  issues  of  any  county 
shall,  in  accordance  with  the  provisions  of  Section  3538 
hereof  have  been  assessed  and  charged  against  land  within 
special  tax  districts  shall  be  deducted  and  excluded  in  com- 
puting and  bond  limit  of  the  county  that  may  be  imposed 
by  law. 

Hist.     C.  L.  19721.  Laws  1911,  page  596. 

SEC.  3541.  Levies  for  Bonds.  Should  any  bond  issue, 
whereof  the  indebtedness  has  been  charged  in  part  against 
adjoining  property  as  hereby  provided,  be  funded  or  refund- 
ed, so  that  a  sinking  fund  for  the  original  issue  is  not  re- 
quired to  be  established,  then  the  annual  levy  for  sinking 
fund  requirements  need  not  be  made  upon  the  land  in  the 
special  tax  districts  created  in  respect  to  such  bond  issue; 
or,  at  the  option  of  the  Board  of  Commissioners,  a  portion 
of  such  bond  issue,  to  meet  which  a  sufficient  amount  has 
been  charged  against  such  special  tax  district  may  remain 
without  refunding  and  shall  thereafter  be  paid  and  retired 
with  the  proceeds  of  the  special  taxes  on  the  land  within 
such  special  tax  districts,  and  if  such  proceeds  prove  tem- 
porarily insufficient  therefor  ,then  from  the  other  revenues 
of  the  county.  If  the  whole  of  an  issue  be  refunded  and  new 
bonds  issued  therefor,  then  the  land  within  such  special 
tax  districts  shall  continue  to  be  specially  taxed  for  its  por- 
tion of  the  new  bonds,  equal  in  amount  to  its  portion  of  the 


108  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

ref unded  issue,  pari  passu  both  as  to  principal  and  interest 
with  the  taxation  of  the  county  at  large  for  such  bond  pur- 
poses ;  Provided,  That,  on  the  funding  of  any  issue  of  bonds 
issued  as  provided  in  Section  3532,  then,  on  receiving  from 
the  county  treasurer  of  the  county  a  certificate,  under  the 
seal  of  the  county,  signed  by  the  county  treasurer  and  either 
by  the  chairman  or  by  the  other  members  of  the  Board  of 
Commissioners  that  such  bonds  have  been  actually  funded 
and  retired,  the  special  assessments  made  against  the  land 
within  the  special  tax  districts  created  for  such  bond  issue 
as  provided  in  Section  3538  shall  be  cancelled,  vacated  and 
annulled  and  a  new  special  levy  of  the  same  amount  shall 
be  assessed  against  the  land  in  such  special  tax  districts  in 
respect  to  the  new  or  refunding  bonds. 

Hist.     C.  L.  1972J.  Laws  1911,  page  596. 

SEC.  3542.  Liability  of  Special  Tax  Districts  for  General 
Taxes.  All  land  within  such  special  tax  districts  shall  also 
be  subject  to  the  same  taxation  at  the  same  rate  as  other 
property  in  the  county  for  the  purpose  of  meeting  the  prin- 
cipal and  interest  requiremens  of  that  portion  of  such  bond 
issue  which  is  not  charged  against  adjoining  property  but  is 
paid  by  the  county  as  a  whole;  it  being  the  intent  of  this 
Chapter  that  all  bonds  issued  by  a  county  as  provided  in  Sec- 
tion 3532,  shall,  as  to  a  specified  portion  of  the  indebtedness 
thereby  created,  not  exceeding  fifty  (50)  per  cent,  be  met 
and  paid  by  special  taxation  upon  the  land  adjoining  the 
roads  built  with  the  proceeds  of  such  bonds,  not  exceeding 
a  specified  sum  per  acre,  and  as  the  remaining  portion  there- 
of, shall  be  met  and  paid  by  taxation  of  all  property  in  the 
county,  including  the  property  within  such  special  tax  dis- 
tricts, and  including  all  property  within  any  incorporated 
cities  (whether  incorporated  under  general  or  special  Act) , 
towns  and  villages  included  within  the  limits  of  such  county. 

Hist.     C.  L.  1972k.  Laws  1911,  page  597. 

CHAPTER  XIX. 

COMPILED  STATUTES,  CH.  164. 
MUNICIPAL  ELECTIONS. 

SEC.  4029.  Time  for  Holding  Elections.  On  the  fourth 
Tuesday  of  April,  1915,  and  biennially  thereafter,  an  elec- 
tion shall  be  held  in  each  city  and  village  governed  by  this 
title,  for  officers  as  in  this  title  provided.  All  of  such  offi- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  109 

cers  shall  be  elected  and  hold  their  respective  offices  for  a 
term  of  two  years,  and  until  their  successors  are  elected 
and  qualified.  At  said  election  the  qualified  voters  of  such 
city  may  cast  their  ballots  between  the  hours  of  nine  o'clock 
a.  m.  and  seven  o'clock  p.  m. 

Hist:     C.  L.  2245.  Laws  1913,  page  423. 

Cited:     Vineyard  vs.  City  Council  (1908),  15  I.,  436;  98  P.  422. 

SEC.  4030.    Notice  of  Election.  The  board  of  trustees  shall 
give  public  notice  of  the  time  and  place  of  holding  each  elec- 
tion; said  notice  to  be  given  not  less  than  ten  nor  more 
than  twenty  days  previous  to  the  election. 
Hist.     C.  L.  2246. 

SEC.  4031.  Filling  Vacancies  Among  Judges  and  Clerks. 
If,  on  any  day  appointed  for  holding  any  election  under  the 
provisions  of  this  title,  any  of  the  judges  or  clerks  of  elec- 
tion shall  fail  to  attend,  the  electors  present  may  fill  such 
vacancies  from  among  the  qualified  electors  present. 

Hist.     C.  L.  2247. 

SEC.  4032.  Qualifications  of  Electors.  All  qualified  elec- 
tors of  this  State  who  shall  have  resided  within  the  limits  of 
any  city  of  the  second  class,  or  village,  for  three  months  pre- 
ceding any  election  therein,  shall  be  entitled  to  vote  at  all 
city  and  village  elections,  provided  such  elector  is  registered 
as  provided  by  law. 

Hist.     C.  L.  2248.  Laws  1913,  page  425. 

SEC.  4033.  City  Clerk  is  Registrar.  The  city  or  village 
clerk  of  every  city  or  village  in  the  State  of  Idaho  shall  be 
the  registrar  for  the  registration  of  voters  in  such  city  or 
village,  who  shall  perform  the  same  duties  in  the  capacity  as 
registrar,  as  nearly  as  may  be,  as  are  required  of  regis- 
trars of  election  for  State  and  county  elections  under  the 
general  laws  of  the  State. 

Hist.     C.  L.  2249.  Laws  1913,  page  426. 

SEC.  4034.  Registration  Books  and  Elector's  Oaths.  The 
city  or  village  clerk,  as  the  case  may  be,  shall  provide,  at  the 
expense  of  the  city  or  village,  registration  books,  blank  elec- 
tor's oaths,  and  all  other  election  supplies  of  every  kind,  in 
form  similar  to  those  used  for  county  and  State  registra- 
tions, and  elections  with  such  changes  and  substitutions 
made  therein  as  may  be  necessary  to  carry  out  the  pro- 
visions of  this  chapter. 

Hist.     C.  L.  2250.  Laws  1913,  page  426. 
SEC.  4035.  Time  of  Registration.  The  city  or  village  clerk, 


110  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

as  the  case  may  be,  shall  register  electors  for  city  or  village 
elections  at  any  time  during  office  hours,  the  same  as  is  pro- 
vided by  law  for  registration  for  State  and  county  elections. 
The  city  or  village  clerk,  as  the  case  may  be,  in  addition  to 
other  duties  reouired  of  him,  shall  perform  all  the  corre- 
sponding duties  in  connection  with  the  city  or  village  elec- 
tions and  registrations  as  are  required  by  law  to  be  per- 
formed by  the  clerk  oi'  the  District  Court  for  state  and 
county  registrations  for  elections. 

Hist.     C.  L.  2251.     Laws  1913,  page  426. 

SEC.  4036.  Assistant  and  Deputy  Registrars :  Compensa- 
tion. There  shall  be  no  charge  by  the  city  or  village  clerk, 
or  any  of  their  deputies  for  the  registration  of  any  elector ; 
the  city  or  village  clerk  shall  perform  the  duties  imposed 
upon  him  by  law  with  reference  to  the  registration  of  elec- 
tors and  conduct  of  elections  without  extra  compensation 
outside  of  his  salary  therefor ;  Provided,  however,  That  for 
the  purpose  of  compiling  the  lists  of  voters  for  voting  pre- 
cincts or  wards,  just  prior  to  any  election,  the  city  or  village 
council  or  board  of  trustees,  as  the  case  may  be,  may,  in  its 
discretion,  employ  assistance  for  the  village  clerk  to  per- 
form such  duty.  Provided,  further,  That  whenever  tho 
necessity  therefor  shall  exist  in  any  city  or  village  the  city 
coi.ncil,  or  board  of  trustees,  as  the  case  may  be,  may,  in  its 
discretion,  appoint  sufficient  deputy  registrars  to  assist  the 
city  or  village  clerk,  as  the  case  may  be,  in  the  registration 
of  the  electors  of  such  city  or  village,  but  there  shall  be  no 
i;iore  deputy  registrars  appointed  in  any  city  or  village  than 
there  are  wards,  or  voting  precincts,  situated  therein,  and 
each  deputy  registrar  so  apointed  shall  have  the  right  to 
perform  his  duties  as  registrar  in  any  portion  of  the  city 
or  village  ,as  the  case  may  be.  Such  deputy  registrars  shall 
be  appointed  not  more  than  thirty  days  immediately  preced- 
ing any  city  or  village  election.  The  compensation  to  be 
paid  any  person,  or  persons,  for  duties  to  be  performed,  or 
services  rendered  under  the  provisions  of  this  section,  shall 
be  paid  as  other  current  expenses  of  the  city  or  village  are 
paid,  and  no  larger  or  greater  sum  shall  be  paid  therefor 
than  as  authorized  for  the  payment  of  similar  services  un- 
der the  general  registration  laws  of  the  state. 

Hist.     C.  L.  2252.  Laws  1913,  page  426. 
SEC.  4037.    Not  Applicable  to  Cities  With  Special  Char- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  111 

ters.    The  provisions  of  this  chapter  shall  not  apply  to  cities 
having  special  charters,  which  provide  for  registration. 
Hist.     C.  L.  2253.  Laws  1915,  page  20. 

SEC.  4038.  Certificates  of  Election.  Certificates  of  elec- 
tion for  all  officers  of  cities  and  villages  shall  be  made  out, 
under  the  corporate  seal,  by  the  city  council  or  board  of  trus- 
tees, at  their  first  meeting  after  any  election  of  such  of- 
ficers. 

Hist.     C.  L.  2254. 

SEC.  4039.  Application  of  General  Election  Law.  All 
elections  held  in  villages  or  cities 'as  provided  for  in  this  title 
shall  be  conducted  in  the  manner  and  form  as  provided  by 
the  general  election  laws  of  the  State,  for  State  and  county 
registrations  and  elections,  with  the  necessary  changes  and 
substitutions,  except  as  herein  otherwise  provided ;  and  all 
matters  and  things  with  reference  to  the  registration  of  vot- 
ers not  specifically  provided  for  in  this  chapter  shall  be 
done  in  accordance  with  the  general  laws  of  the  State  for 
State  and  county  elections,  the  necessary  substitutions  and 
changes  being  made. 

The  city  or  village  clerk,  as  the  case  may  be,  shall,  from 
the  registration  lists  showing  the  voters  registered  and  vot- 
ing at  the  biennial  election  held  in  April,  1913,  prepare  such 
lists  of  voters  for  such  city  or  village  as  are  required,  under 
the  general  registration  and  election  laws  of  the  State,  to  be 
prepared  and  kept  by  the  clerk  of  the  District  Court  for 
State  and  county  registrations  of  voters  and  elections ;  and 
when  said  lists  are  so  prepared  by  the  city  or  village  clerk, 
the  city  or  village  clerk  shall  perform  the  same  duty  with 
reference  to  keeping  said  lists  up  to  date,  as  is  required  of 
the  clerk  of  the  District  Court  under  the  general  registra- 
tion, and  election  laws  of  the  State,  in  case  of  registration  of 
voters  for  the  State  and  county  elections. 

It  shall  not  be  necessary  for  any  voter  who  is  registered 
and  votes  at  the  biennial  city  or  village  election  held  in 
April,  1913,  in  any  city  or  village  in  the  State,  except  as 
herein  otherwise  provided,  to  register  in  order  to  vote  at 
any  succeeding  general  or  special  city  or  village  election, 
hold  in  such  city  or  village  so  long  as  such  elector  continues 
to  vote  at  each  biennial  election,  held  after  the  biennial  elec- 
tion held  in  April,  191 B,  for  the  election  of  city  or  village 


112  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

officials;  Provided,  That  such  elector  has  continued  to  live 
in  the  same  city,  ward  or  precinct  or  has  properly  trans- 
ferred from  such  city  or  village,  ward  or  precinct  to  an- 
other city  or  village,  ward  or  precinct,  in  compliance  with 
the  requirements  with  reference  thereto  as  provided  by  the 
general  laws  of  the  State  with  reference  to  registration  of 
voters  and  conduct  of  elections. 
Hist.  C.  L.  2255. 

CHAPTER  XX. 

COMPILED  STATUTES,  CH.  170. 
MUNICIPAL  BONDS. 

SEC.  4109.  Purposes  for  which  bonds  may  be  issued :  Lim- 
itation on  amount.  Every  municipal  corporation  incorpo- 
rated under  the  laws  of  the  Territory  of  Idaho  or  the  State 
of  Idaho  shall  have  power  and  authority  to  issue  munici- 
pal coupons  bonds  not  to  exceed  at  any  time  in  aggregate  ten 
(10)  per  cent  of  the  assessed  full  cash  valuation  of  the  real 
estate  and  personal  property  in  said  municipal  corporation, 
according  to  the  assessment  of  the  preceding  year,  for  any 
or  all  of  the  purposes  specified  in  the  following  sections. 

1.  To  provide  for  the  laying,  constructing,  equipment, 
maintenance  of  sewers  and  drains. 

2.  To  provide  for  the  grading,  paving,  curbing,  sidewalk- 
ing  or  otherwise  improving  streets  and  alleys,  building  or 
constructing  of  sewers,  drains,  grading,  curbing,  sidewalks, 
crossings  and  crosswalks,  or  otherwise  improving  the  in- 
tersections of  streets  and  alleys,  constructing  and  laying  out 
of  streets  and  alleys,  and  the  construction  or  aid  in  con- 
struction of  bridges  across  streams  within  or  contiguous 
to  or  within  one  mile  of  the  exterior  limits  of  any  such  mu- 
nicipal corporation. 

3.  To  provide  for  the  funding,  refunding,  purchase  and 
redemption  of  the  outstanding  indebtedness  of  such  munici- 
pal corporation.     Bonds  may  be  issued  under  this  section 
for  the  purpose  of  funding,  refunding,  purchase  or  redemp- 
tion of  the  outstanding  indebtedness  of  any  such  municipal 
corporation  when  the  same  can  be  done  to  the  profit  and 
benefit  of  such  municipal  corporation,  and  without     in- 
curring any  additional  liability,  without  the  submission  of 
the  question  of  issuance  of  such  bonds  to  the  electors  of  the 
municipal  corporation. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 


113 


4.  To  provide  for  the  establishment  and  maintenance 
of  hospitals,  pest  houses  and  cemeteries  either  within  or 
without  the  corporate  limits  of  such  municipal  corporation. 

5.  To  provide  for  the  purchase,  improvement,  equipment 
and  maintenance  of  lands  for  the  use  of  public  parks,  either 
within  or  without  the  corporate  limits  of  such  city,  town  or 
village. 

6.  To  provide  for  the  purchase,  erection,  construction 
and  furnishing  of  public  buildings  and  building  sites  for  the 
use  of  such  municipal  corporation  . 

7.  To  provide  for  the  establishment,  equipment     and 
maintenance  of  a  fire  department  and  for  the  purchase  of 
suitable  and  necessary  apparatus  and  buildings  and  building 
sites  for  the  use  thereof  and  for  all  other  necessary  public 
improvements. 

8.  To  provide  for  the  purchase,  erection,  construction 
and  furnishing  of  soldiers'  memorials  consisting  of  such 
public  buildings  or  monuments  and  building  sites  for  the 
use  of  such  municipal  corporation  and  for  the  entertain- 
ment of  soldiers  of  the  late  European  war. 

'19  c.  71,  p.  248. 

9.  Every  municipal  corporation,  incorporated  under  the 
laws  of  the  Territory  of  Idaho  or  of  the  State  of  Idaho  shall 
have  power  and  authority  to  issue  municipal  coupon  bonds 
in  a  sufficient  amount  to  acquire,  by  purchase  or  otherwise, 
a  waterworks  plant  for  such  municipality  and  a  water  sup- 
ply therefor,  and  to  construct,  enlarge,  extend,  repair,  alter 
and  improve  such  plant. 

10.  The  issuance  of  bonds  for  the  purposes  aforesaid  or 
any  of  such  purposes,  shall  be  authorized  as  provided  in  Sec- 
tion 4114,  and  one  or  more  bond  elections  may  be  called  in 
the  manner  provided  by  said  statute  or  amendatory  acts,  in 
order  to  submit  to  the  qualified  electors  who  are  tax  payers, 
the  question  as  to  whether  bonds  shall  issue  in  such  amount 
as  the  City  Council,  or  board  trustees,  at  the  time  such  elec- 
tion is  called,  shall  deem  to  be  necessary  for  the  purposes 
aforesaid  or  any  of  them. 

11.  All  bonds  authorized  at  any  municipal  election  here- 
tofore held  as  provided  in  said  Section  4114  or  acts  amenda- 
tory thereof,  for  the  purpose  of  acquiring  an  adequate  water 
system,  by  purchase  or  otherwise,  by  acquiring  additional 
water  and  by  enlarging,  extending,  repairing,  altering  and 


114  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

improving  any  municipal  waterworks  plant,  shall  be  deemed 
to  have  been  authorized  for  all  or  any  of  the  purposes  for 
which  such  bonds  may  hereafter  be  issued  under  this  Chap- 
ter, and  all  such  bonds  which,  at  such  an  election  have  been 
heretofore  authorized,  when  issued  and  sold,  are  hereby 
declared  to  be  legal  and  binding  obligations  of  such  munici- 
pal corporation,  provided  all  requirements  of  law  have  been 
fully  complied  with,  and  the  same  are  hereby  declared  to  be 
of  like  force  and  effect  as  if  the  municipality,  at  the  time 
of  such  election  was  called  and  held,  had  possessed  all  the 
powers  herein  granted  and  conferred. 

12.  Every  municipal  corporation  incorporated  under  the 
laws  of  the  Territory  of  Idaho  or  the  State  of  Idaho,  shall 
have  power  and  authority  to  issue  municipal  coupon  bonds, 
in  a  sufficient  amount  to  acquire,  by  purchase  or  otherwise, 
a  light  and  power  plant  for  such  municipal  corporation,  and 
to  construct,  enlarge,  extend,  repair,  alter  and  improve  such 
plant. 

The  amount  for  which  bonds  may  be  issued  for  acquiring 
light  and  power  plants  or  either  *  *  *  *,  or  for  the  purpose 
of  construction,  enlargement,  extension,  repairing,  altera- 
tion and  improvement  of  an  existing  plant  or  for  *any,  or 
either  of  said  purposes  as  herein  provided,  shall  be  deter- 
mined by  the  Council  or  Board  of  Trustees  and  stated  in  the 
ordinance  therefor.  The  issti^nce  of  bonds  for  the  purpose 
aforesaid  or  any  of  such  purposes,  shall  be  authorized  as 
provided  in  Section  4114  of  the  Compiled  Statutes  of  Idaho, 
1919,  and  >on  or  'more  bond  elections  may  be  called  in  the 
manner  as  provided  in  said  statute  or  amendatory  Act,  in 
order  to  submit  to  the  qualified  electors  who  are  tax  payers, 
the  question  as  to  whether  bonds  shall  issue  in  such  amount 
as  the  City  Council  or  Board  of  Trustees,  at  the  time  any 
such  election  is  called,  shall  deem  to  be  necessary  for  the 
purposes  aforesaid  or  any  or  either  of  them. 

Bonds  authorized  at  any  municipal  election  therefor  here- 
tofore held  as  provided  in  &did  Section  4114  or  Acts  amend- 
atory thereof,  for  the  purpose  of  acquiring  a.n  adequate  light 
and  power  plant  for  such  municipality,  by  purchase  or  other- 
wise, and  by  enlarging,  extending,  repairing,  altering  and 
improving  any  existing  municipal  light  and  power  plant, 
shall  be  deemed  to  have  been  authorized  for  all  or  any  of  the 
purposes  for  which  such  bonds  may  hereafter  be  issued  un- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  115 

der  this  Chapter,  and  all  such  bonds  which  at  such  election, 
have  been  heretofore  authorized,  when  issued  and  sold,  are 
hereby  declared  to  be  legal  and  binding  obligations  of  such 
municipality,  provided  all  requirements  of  law  have  been 
fully  complied  ivith,  and  the  same  are  hereby  declared  to  be 
of  like  force  and  effect  as  if  the  municipality,  at  the  time 
such  election  was  called  and  held,  had  possessed  all  the) 
power  herein  granted  and  conferred." 

'19c.  13,  p.  75. 

Hist.  C.  L.  2315;  Am.  19c,  71  p.  248;  also  c.  6  p.  42;  C.  L.  2315a 
to  2315k  inc.;  subd.  8;  '19c  71  p.  248;  subd.  12;  '19c.  13  p.  75;  sec. 
'17c,  16  p.  43-44. 

(1)  Cited:     Wiggin  v.  Lewiston  (1902)  8  I.  527,  69  P.  286;  Jack 
V.  Grangeville   (1903)    9  I.  291;  74  P.  969;    (Dis.  op.)    Fell  v.  Coeur 
d'Alene  (1912)  23  I.  32,  62,  129  P.  643,  43  L.  R.  A.  (N.  S.)  1095;  Kel- 
logg v.  McRae  (1914)  26  I.  73,  141  P.  86. 

Cross  Reference :  Constitutional  limitation  on  indebtedness :  Const. 
VIII,  3;  statutory  limitation:  Sec.  4054. 

Town  and  Village  Defined:  The  words  town  village  are  used  in 
the  statutes  synonymously,  and  a  granting  of  power  to  towns  to  issue 
municipal  coupon  bonds  includes  villages.  Brown  v.  Grangeville 
(1902)  8  I.  784,  71  P.  151. 

Any  defined:  The  word  "any"  as  used  in  this  section  means  any 
one  or  more  of  the  entire  number  of  purposes  mentioned.  Platt  v. 
Payette  (1911)  19  I.  470,  114  P.  25. 

Attempted  evasion:  A  city  can  not  evade  the  provisions  of  the 
statute  limiting  the  bonded  indebtedness  to  a  certain  percentage  of  the 
real  estate  valuation  for  the  preceding  year  ,by  voting  bonds  for  par- 
tial payment  on  a  contract,  and  making  no  legal  provision  for  the  bal- 
ance due  upon  said  contract.  Woodward  v.  Grangeville  (1907)  13  I. 
652,  92  P.  840. 

(2)  Cited:     Kellogg  v.  McRae  (1914)  26  I   73,  141  P.  86. 
Construed:  Under  this  section  and  152:14  cities  and  villages  have 

ample  power  to  establish  the  grade  of  their  streets  and  to  reconstruct 
the  roadbed  on  the  grade  thus  established.  Nampa  v.  Nampa  etc.  Irr. 
Dist.  (1911)  19  I.  779,  115  P.  979;  app.  dis.  238  U.  S.  643,  50  L.  ed. 
1502,  35  S.  C.  R.  602. 

Right  to  require  construction  of  ditches:  In  exercising  its  right  to 
grade  its  streets  the  city  may,  if  necessary,  remove  ditches  and  require 
their  reconstruction  by  pipe  lines  laid  beneath  the  surface  by  the  com- 
pany possessing  the  franchise  and  easement  for  such  ditches.  Ib. 

Damages:  If  abutting  property  is  injured  by  a  city  while  it  is 
lawfully  exercising  its  power  in  grading  streets  and  in  reconstructing 
the  roadbed,  the  city  is  not  answerable  in  damages,  In  the  absence  of 
a  statute  expressly  imposing  such  liability.  Ib. 

Distinguished  from  local  improvements:  Where  streets  are  paved 
and  the  assessments  are  made  against  the  abutting  property  improve- 
ment district  bonds  may  be  issued  without  submitting  the  question  of 
issuing  the  bonds  to  the  electors  or  taxpayers  of  either  the  improve- 
ment district  or  the  city,  but  where  the  cost  and  expenses  are  to  be 
paid  by  the  city  and  bonds  are  to  be  issued  for  the  purpose  of  raising 
revenue  to  pay  the  same,  then  such  question  must  be  submitted  to  the 
electors  and  taxpayers  of  the  city.  Byrns  vs.  Moscow  (1912)  21  I.  398, 
121  P.  1034. 


116  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

(3)  Cited'.  Veatch  v.  Moscow,  18  I.  313;  109  P.  722  Hickory  v. 
Nampa  22  I.  41,  124  P.  280. 

(5)  Parks:  Grant  to  municipality  of  power  to  maintain  park  en- 
joins no  absolute  duty  to  do  so.  Maintenance  of  parks  is  primarily  a 
private  as  opposed  to  a  governmental  function.  Boise  Dev.  Co.  v.  Boise 
(1917)  30  I.  675,  167  P.  1032. 

(9)  Cited:  Jack  v.  Grangeville  9  I.  291,  74  P.  969;  Ostrander  v. 
Salmon,  20  I.  153,  117  P.  692. 

Applied:  A  village  has  the  power  and  authority  to  contract  for  a 
supply  of  water. 

Pocatello  v.  Murray  21  1.  180,  197,  120,  P.  812,  226  U.  S.  318,  38 
S.  C.  R.  107,  57  L.  ed.  239. 

SEC.  4110.  Joint  Light  and  Power  Plant.  In  addition  to 
the  authority  contained  in  the  foregoing  section  it  shall  be- 
lawful  for  two  or  more  municipal  corporations,  so  situated 
with  reference  to  each  other  that  it  is  practicable  and  con- 
venient to  furnish  the  said  municipalities  and  the  inhabi- 
tants thereof  with  electric  current  for  light  and  power  pur- 
poses from  a  single  plant  and  system,  to  join  in  the  con- 
struction or  purchase  of  such  plant  upon  a  substantial  com- 
pliance with  the  provisions  of  section  4111  to  4113  hereof, 
and  not  otherwise. 

Hist.  C.  L.  2315  L.  '15,  c.  82,  Sec.  1,  p.  200;  phrase  "municipal 
corporation"  substituted. 

SEC.  4111.  Same :  Agreement  on  Apportionment.  When- 
ever two  or  more  such  municipal  corporations  desire  jointly 
to  construct  an  electric  distributing  system  to  distribute 
electric  current  which  may  be  purchased  at  wholesale,  or 
purchase  or  construct  an  electric  plant  and  equipment,  it 
shall  be  necessary  for  the  municipal  councils  or  other  gov- 
erning bodies  of  each  of  such  municipal  corporations  to 
agree  among  themselves  as  to  the  kind  and  character  of  con- 
struction of  the  said  plant  and  system,  the  total  amount  of 
current  which  may  be  generated  and  supplied  and  the 
amount  to  which  each  municipal  corporation  shall  be  en- 
titled, the  approximate  cost  of  such  plant  and  system  and 
the  proportionate  part  thereof  which  shall  be  borne  by  each 
municipal  corporation,  which  proportionate  part  shall  be  as 
nearly  just  and  equitable  as  possible  and  shall  be  deter- 
mined in  such  manner  as  may  be  agreeable  to  all  concerned. 
Hist.  C.  L.  2315  M.  '05,  c.  82,  Sec.  2,  p.  200;  phrases  "municipal 
corporations"  and  "municipal"  substituted. 

SEC.  4112.  Same :  Bond  Election.  Whenever  the  propor- 
tionate share  of  the  cost  of  such  construction  or  purchase  to 
be  borne  by  each  municipal  corporation  has  been  determined, 
an  election  must  be  held  in  each  municipal  corporation,  as 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  117 

now  provided  by  law  in  similar  cases,  for  the  purpose  of 
determining  whether  or  not  municipal  coupon  bonds  shall 
be  issued  by  such  municipality  in  an  amount  equal  to  its  pro- 
portionate share  of  the  cost  of  such  construction  or  pur- 
chase. 

Hist.     C.  L.  2315  N.  '15,  c.  82,  Sec.  3,  p.  201;  phrase  "municipal 
corporations"  substituted. 

SEC.  4113.  Same:  Committee  for  Construction  or  Pur- 
chase. If  in  each  of  said  municipal  corporations  the  ques- 
tion of  issuing  bonds  for  the  construction  or  purpose  of  such 
distributing  system,  electric  plant  and  equipment  shall  have 
been  favorably  decided  by  the  electors  of  such  municipal  cor- 
porations, said  bonds  shall  be  issued  as  now  provided  by  law, 
and  the  municipal  councils  or  other  governing  bodies  of  the 
municipal  corporations  in  question  shall  meet  and  organize 
and  appoint  a  commitee,  to  be  composed  of  their  own  mem- 
bers, upon  which  each  of  said  municipalities  shall  have  equal 
representation,  for  the  purpose  of  constructing  such  electric 
light  plant  and  system,  or  for  purchasing  same  if  one  is 
available,  and  the  said  committee  shall  have  all  necessary 
power  to  make  contracts  for  the  construction  or  purchase 
of  such  electric  plant  and  system,  and  to  bind  the  said  mu- 
nicipal corporations  as  herein  contemplated. 

Hist.     C.  L.  2315  0.  '15,  c.  82,  Sec.  4,  p.  201;  phrases  "municipal 
corporations"  and  "municipal"  substituted. 

SEC.  4114.  Bond  Ordinance  and  Election.  Whenever  the 
common  council  or  the  trustees  of  a  municipal  corporation, 
or  other  legislative  body  of  any  municipal  corporation  shall 
deem  it  advisable  to  issue  the  coupon  bonds  of  such  munici- 
pal corporation  for  any  of  the  purposes  aforesaid,  the  mayor 
and  common  council  or  the  trustees  of  such  municipal  cor- 
poration shall  provide  therefor  by  ordinance,  which  shall 
specify  the  purpose  of  issuing  such  proposed  bonds ;  if  it  is 
to  create  a  new  debt,  the  object  thereof  must  be  stated,  or, 
if  it  is  to  fund  or  refund  any  existing  indebtedness,  it  must 
be  described;  and,  when  it  consists  of  warrants  or  other 
securities,  they  must  be  described  by  giving  their  number, 
date  and  amount  and  the  fund  out  of  which  the  same,  ac- 
cording to  the  terms  thereof,  are  payable  and  the  ordinance 
shall  declare  the  purpose  and  the  total  amount  for  which 
such  bonds  shall  be  issued  and  designate  the  provisions  to 
be  made  to  pay  the  interest  on  such  bonds  as  it  falls  due, 
and  also  to  constitute  a  sinking  fund  for  the  payment  of 


118  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

the  principal  thereof  within  20  years  from  the  time  of  the 
issuance  of  the  same. 

The  ordinance  shall  also  provide  for  the  holding  of  an 
election  of  the  qualified  electors  who  are  taxpayers  of  such 
municipal  corporation  ,of  which  30  days'  notice,  to  be  pro- 
vided for  in  such  ordinance,  shall  be  given  in  a  newspaper 
printed  and  published  in  the  municipal  corporation,  but  if 
no  newspaper  be  printed  and  published  in  the  municipal 
corporation,  then  in  some  newspaper  having  general  circu- 
lation therein ;  such  newspaper  to  be  designated  in  said  or- 
dinance. Such  election  shall  be  conducted  as  other  munici- 
pal elections.  The  voting  at  such  elections  must  be  by  bal- 
lot, and  the  ballot  used  shall  be  substantially  as  follows: 

"In  favor  of  issuing  bonds  to  the  amount  of 

dollars  for  the  purpose  stated  in  ordinance  No ," 

and  "Against  issuing  bonds  to  the  amount  of 

dollars  for  the  purpose  stated  in  ordinance  No 

If  at  such  election  held  as  provided  for  in  this  chapter 
two-thirds  of  the  qualified  electors  who  are  taxpayers  in 
such  municipal  corporation,  voting  at  such  election,  assent 
to  the  issuing  of  such  bonds  and  the  incurring  of  the  indebt- 
edness thereby  created  for  the  purpose  aforesaid,  such  bonds 
for  said  purpose  shall  be  issued  in  the  manner  hereinafter 
provided. 

Hist.     C.  L.  2316.  '13  c.  64,  Sec.  1,  p.  299. 

Cited:  Byrns  v.  Moscow  (1912)  21  I.  398,  121  P.  1034. 

Applied:  The  provision  of  this  section  were  not  intended  to  ap- 
ply to  the  issuance  of  refunding  bonds  of  municipalities  when  the 
issuance  of  such  bonds  would  not  create  an  additional  indebtedness  or 
liability  of  the  municipality.  Veatch  v.  Moscow  (1910)  18  I.  313, 
109,  P.  722,  21  Ann.  Gas.  1332. 

Any  Defined:  The  word  "any"  as  used  in  this  section  means  any 
one  or  more  of  the  entire  number  of  purposes  mentioned.  Platt  v. 
Payette  (1911)  19  I.  470,  114  P.  25. 

Sufficiency  of  ordinance:  The  provision  of  this  section  which  re- 
quires the  bonding  ordinance  to  specify  the  purpose  of  issuing  the 
proposed  bonds  is  not  complied  with  by  an  ordinance  stating  the  pur- 
pose of  the  bonds  to  be  "to  fund  the  outstanding  indebtedness  of  said 
city."  Coffin  v.  Richards  (1899)  6  I.  741,  59  P.  562. 

Sufficiency  of  notice:  Where  the  mayor  publishes  a  proclamation 
for  a  period  of  more  than  30  days  in  a  newspaper  published  in  the 
city,  giving  the  time  and  place  when  an  election  will  be  held  to  vote 
upon  a  proposition  to  issue  bonds  for  municipal  improvement,  there  is 
a  sufficient  compliance  with  this  section.  Sommercamp  v.  Kelly 
(1902)  8  I.  712,  71  P.  147. 

Sufficiency  of  Ballot:  A  ballot  in  the  exact  language  of  this  sec- 
tion is  sufficient.  Brown  v.  Grangeville  (1902)  8  I.  784,  71  P.  151. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  119 

Sufficiency:  Hoic  tested:  The  test  of  the  sufficiency  or  validity 
of  a  notice  of  ordinance  in  this  respect  is  whether  the  voters  at  the 
general  election  held  pursuant  to  the  ordinance  and  notice  can  be  rea- 
sonably presumed  from  the  notice  itself  and  the  ordinance  to  have 
understood  the  question  submitted  to  them.  Corker  v.  Mountainhome 
(1911)  20  I.  32,  116  P.  10S. 

Submission  of  more  than  one  proposition:  Several  distinct  and 
independent  purposes  or  propositions  may  be  incorporated  in  one  or- 
dinance submitting  the  question  of  issuing  municipal  bonds  by  a  mu- 
nicipal corporation,  providing  such  purposes  are  separately  stated 
and  the  voters  at  the  municipal  election  are  given  an  opportunity  to 
express  their  will  upon  each  purpose  or  question  as  a  separate  and 
independent  proposition  or  question.  Ostrander  v.  Salmon  (1911)  20 
I.  153,  117  P.  692. 

This  section  does  not  require  a  separate  election  ordinance  for 
each  proposed  issue  of  municipal  bonds.  Different  propositions  for 
different  objects  may  be  embodied  in  one  ordinance,  provided  that  each 
proposition  is  so  clearly  and  distinctly  submitted  to  the  electors  of  the 
municipality  that  they  may  adopt  or  reject  it,  independently  of  the 
others.  Platt  v.  Payette  (1911)  19  I.  470,  114  P.  25. 

A  proposition  can  include  but  one  purpose.  Corker  v.  Mountain- 
home  (1911)  20  I.  32,  116  P.  108. 

Where,  however,  the  proposition  to  be  determined  are  distinct  and 
different  propositions  and  are  to  be  determined  under  different  pro- 
visions of  the  statute,  then  there  should  be  a  separate  ordinanc  with 
reference  to  each  proposition.  Byrns  v.  Moscow,  (1912)  21  I.,  398,  121 
P.  1034. 

CHAPTER  XXI. 

COMPILED  STATUTES,  CH.  9. 
ARTICLE  2. 

CONTESTED  ELECTIONS. 

SEC.  80.  Grounds  for  Contest.  The  election  of  any  person 
to  any  legislative  or  State  executive  office  may  be  contested : 

1.  For  malconduct,  fraud  or  corruption  on  the  part  of 
the  judges  of  election  in  any  precinct,  township  or  ward,  or 
of  any  board  of  canvassers,  or  any  members  of  either  board, 
sufficient  to  change  the  result : 

2.  When  the  incumbent  was  not  eligible  to  the  office  at 
the  time  of  the  election; 

3.  When  the  incumbent  has  been  convicted  of  felony, 
unless  at  the  time  of  the  election  he  shall  have  been  re- 
stored to  civil  rights; 

4.  When  the  incumbent  has  given  or  offered  to  any  elec- 
tor, or  any  judge,  clerk,  or  canvasser  of  the  election,  any 
bribe  or  reward  in  money,  property,  or  anything  of  value, 
for  the  purpose  of  procuring  his  election ; 

5.  When  illegal  votes  have  been  received  or  legal  votes 
rejected  at  the  polls  sufficient  to  change  the  result; 


120  ELECTION  LAWS  OF  THE  STATE  OP  IDAHO 

6.  For  any  error  in  any  board  of  canvassers  in  counting 
votes  or  in  declaring  the  result  of  the  election,  if  the  error 
would  change  the  result ; 

7.  When  the  incumbent  is  in  default  as  a  collector  and 
custodian  of  public  money  or  property ; 

8.  For  any  cause  which  shows  that  another  person  was 
legally  elected. 

Hist.     C.  L.  39.  Laws  1909,  page  333. 

Election  Contests :  See  the  case  of  Toncray  v.  Budge,  14  I.,  621 ; 
95  P.,  26,  for  a  discussion  of  election  contests. 

SEC.  81.  Incumbent  Defined.  The  term  "incumbent"  as 
used  in  the  preceding  section  means  the  person  whom  the 
canvassers  declare  elected. 

Hist.     C.  L.  40. 

SEC.  82.  Misconduct:  When  Sufficient  to  Vitiate  Elec- 
tion. When  the  misconduct  complained  of  is  on  the  part  of 
the  judges  of  election,  it  shall  not  be  held  sufficient  to  set 
aside  the  election  unless  the  vote  of  the  precinct,  township 
or  ward  would  change  the  result  as  to  that  office. 

Hist.    C.  L.  41. 

SEC.  83.  Jurisdiction:  Contests  Over  Executive  Offices. 
The  legislature,  in  joint  meeting,  shall  hear  and  determine 
cases  of  contested  election  for  all  officers  of  the  executive 
department.  The  meeting  of  the  two  houses  to  decide  upon 
such  elections  shall  be  held  in  the  House  of  Representatives, 
and  the  Speaker  of  the  House  shall  preside. 

Hist.     C.  L.  42 

Cited:     Hertle  vs.  Ball  (1903),  9  L,  193;  72  P.,  953. 

Primary  Election :  It  is  clear  that  there  is  no  such  thing  as  a  con- 
test provided  for  by  the  primary  election  law  for  the  office  of  Gover- 
nor, because  contests  for  Governor  take  place  before  the  legislature 
meets. 

Lansdon  v.  S.  Bd.  Canvassers  (1910),  18  I.,  596,  605;  111  P.,  133. 

SEC.  84.  Same:  Contest  Over  Legislative  Offices.  The 
Senate  and  House  of  Representatives  shall  severally  hear 
and  determine  contests  of  the  election  of  their  respective 
members. 

Hist.     C.  L.  43. 

Cross  Reference:  Each  house  of  the  Legislature  is  the  judge  of  the 
election,  qualifications  and  returns  of  its  members.  Const.,  Art.  Ill, 
Sec.  9. 

Cited:     Hartle  vs.  Ball   (1903),  9  L,  193;  72  953. 

SEC.  85.  Notice  of  Contest.  Whenever  any  elector  of  this 
State  chooses  to  contest  the  validity  of  the  election  of  any  of 
the  officers  of  the  executive  department  of  the  State,  or 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  121 

whenever  any  elector  of  the  proper  county  or  district 
chooses  to  contest  the  election  of  any  member  of  the  legis- 
lature from  such  county  or  district,  such  person  shall  give 
notice  thereof,  in  writing,  and  leave  a  copy  thereof  with 
the  person  whose  election  he  intends  to  contest,  within 
twenty  days  after  the  election  (if  the  person  cannot  be  found 
in  his  district,  then  a  copy  to  be  left  at  his  last  place  of  resi- 
dence in  the  district)  naming  the  points  on  which  the  elec- 
tion shall  be  contested,  and  the  name  of  some  person  author- 
ized by  law  to  administer  oaths,  selected  by  him  to  take  the 
depositions,  and  the  time  and  place  for  the  taking  of  the 
same ;  the  adverse  party  may  also  select  one  such  person  on 
his  part  to  attend  at  the  time  in  place  for  the  taking  of  the 
same;  the  adverse  party  may  also  select  one  such  person 
on  his  part  to  attend  at  the  time  and  place  of  taking  such 
depositions. 

Hist.     C.  L.  44. 

SEC.  86.  Service  of  Notice :  Examination  of  Witnesses. 
The  notice  provided  for  in  the  preceding  section  shall  be 
served  at  least  ten  days  before  the  day  fixed  for  the  taking 
of  depositions.  The  said  two  persons  selected  as  aforesaid 
to  take  the  depositions  shall  proceed  jointly,  or  in  default 
of  either  one  of  such  persons  to  attend  at  the  time  and  place 
fixed  upon,  the  one  attending  shall  proceed  to  hear  and  re- 
duce to  writing  the  testimony  of  all  witnesses  who  may  be 
produced  by  either  of  said  parties  ,and  may  adjourn  from 
day  to  day  until  all  said  testimony  shall  have  been  taken 
and  reduced  to  writing:  Provided,  That  such  testimony 
shall  be  finally  closed  on  or  before  the  29th  of  December 
following. 

Hist.     C.  L.  45 

SEC.  87.  Subpoena:  Application  for.  When  any  contes- 
tant or  returned  member  is  desirous  of  obtaining  testimony 
respecting  a  contested  election,  he  may  apply  for  a  subpoena 
to  any  District  Judge  of  the  State,  or  to  the  probate  judge, 
or  any  justice  of  the  peace,  notary  public,  mayor,  recorder, 
or  other  civil  officer  authorized  to  administer  oaths  within 
the  county  where  the  witness  resides  or  may  be  found. 
Hist.  C.  L.  46. 

SEC.  88.  Same :  How  Issued.  The  officer  to  whom  the  ap- 
plication authorized  by  the  preceding  section  is  made,  must 
thereupon  issue  his  writ  of  subpoena,  directed  to  all  such 


122  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

witnesses  as  are  named  to  him,  requiring  their  attendance 
before  the  officer  named  in  the  notice,  at  some  time  and 
place  named  in  the  subpoena,  in  order  to  be  examined  re- 
specting the  contested  election. 
Hist.     C.  L.  47. 

SEC.  89.  Disobedience  of  Subpoena:  Penalty.  Any  per- 
son who,  having  been  summoned  in  the  maner  above  direct- 
ed, refuses  or  neglects  to  attend  and  testify,  unless  prevented 
by  sickness  or  unavoidable  necessity,  forfeits  the  sum  of 
twenty  dollars,  to  be  recovered,  with  costs  of  suit,  by  the 
party  at  whose  instance  the  subpoena  was  issued,  and  for 
his  use,  and  is  guilty  of  a  misdemeanor. 
Hist.  C.  L.  48. 

SEC.  90.  Production  of  Papers.  The  officers  have  power 
to  require  the  production  of  papers;  and  on  the  refusal  or 
neglect  of  any  person  to  produce  and  deliver  up  any  paper 
or  papers  in  his  possession  pertaining  to  the  election,  or  to 
produce  and  deliver  up  certified  or  sworn  copies  of  the  same 
in  case  they  be  official  papers,  such  person  is  guilty  of  a  mis- 
demeanor. 

Hist.     C.  L.  49. 

SEC.  91.  Witnesses'  Fees  and  Mileage.  Every  witness  at- 
tending by  virtue  of  any  subpoena  herein  directed  to  be  is- 
sued is  entitled  to  receive  the  sum  of  two  dollars  for  each 
day's  attendance,  and  the  further  sum  of  twenty-five  cents 
for  every  mile  necessarily  traveled  in  going  and  returning. 
Such  allowances  must  be  ascertained  and  certified  by  the 
officer  taking  the  examination,  and  paid  by  the  party  at 
whose  instance  such  witness  was  summoned. 
Hist.  C.  I,.  50. 

SEC.  92.  Testimony:.  How  Taken,  Certified  and  Pre-: 
served.  No  testimony  shall  be  received  by  the  person  offi- 
ciating at  the  taking  of  the  depositions  on  the  part  of  the 
contestant  which  does  not  relate  to  the  points  specified  in 
the  notice,  a  copy  of  which  notice  shall  be  delivered  to  the 
person  or  persons  so  officiating,  and  said  testimony,  to- 
gether with  a  copy  of  the  notice,  when  taken,  shall  be  certi- 
fied by  the  person  or  persons  before  whom  the  same  is 
taken,  enveloped,  sealed  up.  indorsed  "Deposition  taken  in 
the  matter  of  the  contest  of  the  election  of  A.  B.  to  the  of- 
fice of ,"  and  directed  to  the  Secretary  of  State, 

who  shall  Dreserve  the  same,  unopened,  till  the  meeting  of 
the  legislature. 
Hist.     C.  L.  51. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  123 

SEC.  93.  Examination  of  Poll  Books  and  Ballots.  If,  at 
the  time  of  taking  depositions  to  be  used  before  the  legis- 
lature, or  either  branch  thereof,  in  the  case  of  a  contested 
election,  the  notice  shall  allege  that  it  is  necessary  for  the 
determination  of  such  contest  that  the  ballots  or  the  poll 
books  of  any  elecion  district  or  districts  should  be  inspected, 
the  officer  or  officers  before  whom  such  depositions  shall  be 
taken  shall,  on  the  request  of  either  party  to  the  contest,  is- 
sue an  order  requiring  the  county  auditor  or  other  person  in 
whose  custody  or  possession  the  ballots  or  poll  books  may 
be,  naming  the  district  or  districts  mentioned  in  the  notice, 
to  deliver  them  to  the  person  or  persons  therein  named,  who 
shall  deliver  them  to  the  person  or  persons  issuing  such  or- 
der. Such  officer  or  officers  shall  transmit  such  ballots  or 
poll  books,  unopened,  in  the  same  envelope  with  the  deposi- 
tions, as  provided  in  the  preceding  section. 
Hist.  C.  L.  52. 

SEC.  94.  Fees  of  Officers.  Officers  performing  services,  in 

a  contested  election  case,  may  charge  and  collect  from  the 

party  at  whose  instance  such  services  were  performed,  the 

same  fees  as  are  allowd  for  similar  services  in  civil  cases. 

Hist.     C.  L.  53. 

SEC.  95.  Contest  Papers  Delivered  to  Presiding  Officer. 
On  the  second  day  of  the  organization  of  the  legislature,  the 
Secretary  of  State  shall  deliver  to  the  Speaker  of  the  House 
all  papers  relating  to  the  contested  elections  of  executive  of- 
ficers, and  to  the  presiding  officers  of  each  house,  all  papers 
relating  to  contested  elections  of  the  members  of  their  re- 
spective houses. 

Hist.     C.  L.  54. 

SEC.  96.  Same :  Notice  of  Receiving  Papers.  Upon  the 
reception,  by  such  presiding  officers,  of  papers  relating  to 
contested  elections,  they  shall  immediately  give  notice  to 
their  respective  houses  that  such  papers  are  in  their  pos- 
session. Where  the  papers  relate  to  the  contest  of  a  State 
executive  officer,  the  House  of  Representatives  shall  notify 
the  Senate,  and  a  day  shall  be  fixed  by  both  houses,  by  con- 
current resolution,  for  the  uniting  of  the  two  houses  to  de- 
cide upon  the  same,  in  which  decision  the  yeas  and  nays 
shall  be  taken  and  entered  upon  the  journal. 
Hist.  C.  L.  55. 

SEC.  97.    Opening  and  Custody  of  Papers.  The  papers  re- 


124  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

lating  to  any  such  contest  shall  be  opened  only  in  the  pres- 
ence of  the  body  by  the  presiding  officer,  to  whom  the  same 
shall  be  delivered.  If  ballots  or  poll  books  are  contained 
therein,  they  shall,  after  being  opened,  remain  in  the  cus- 
tody of  such  presiding  officer,  subject  to  the  inspection  of 
the  members,  unless  they  shall  by  vote  be  temporarily  com- 
mitted to  the  chairman  of  a  committee,  in  which  case  such 
chairman  shall  return  them  to  the  proper  presiding  offi- 
cer; and  they  shall,  upon  the  decision  of  the  contest,  be 
again  sealed  up  in  an  envelope,  and  returned  by  mail  or 
otherwise  to  the  office  of  the  county  auditor  in  which  they 
were  first  required  to  be  filed. 

Hist.     C.  L?  56. 

SEC.  98.  Preservation  of  Evidence.  All  the  evidence  in 
any  contest  provided  for  in  the  last  preceding  section,  except 
ballots  or  poll  books,  shall,  after  a  decision  thereof,  be  pre- 
served in  the  office  of  the  Secretary  of  State. 

Hist.     C.  L.  57. 

CHAPTER  XXII. 

COMPILED  STATUTES,  CH.  343. 
CONSTRUCTION  OF  STATUTES. 

9450.  Holidays.  Holidays,  within  the  meanings  of  these 
Compiled  Statutes,  are: 

Every  Sunday ; 

January  1  (New  Year's)  ; 

February  22   (Washington's  Birthday)  ; 

May  30  (Decoration  day)  ; 

June  15  (Idaho  Pioneer  day)  ; 

July  4  (Independence  day)  ; 

First  Monday  in  September   (Labor  day)  ; 

October  12  (Columbus  day)  ; 

December  25  (Christmas)  ; 

Every  day  on  which  an  election  is  held  throughout  the 
state ;  and  every  day  appointed  by  the  President  of  the  Unit- 
ed States,  or  by  the  Governor  of  this  State,  for  a  public 
fast,  thanksgiving  or  holiday. 

Hist.     C.  L.  500:10.  Laws  '11.  Ch.  158,  p.  482. 

CHAPTER  XXIII. 

COMPILED  STATUTES,  173. 
COMMISSION  FORM  OF  GOVERNMENT. 

Constitutionality:     This  law,  popularly  known  as  the  Black  law, 
was  held  to  be  constitutional    (Sullivan,  J.  dissenting).     Kessler  v. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  125 

Fritchman  (1911)  21  I.  30,  119  P.  692;  Swain  v.  Fritchman  (1912)  21 
I.  783,  125  P.  319. 

Character  of  Law :  This  law  when  considered  as  a  whole  indi- 
cates that  the  legislature  in  enacting  the  same  intended  to  provide  a 
system  complete  within  itself.  Where  it  provides  a  method  or  means  of 
doing  an  act  it  is  intended  to  be  exclusive  of  any  remedy  enacted  prior 
to  its  enactment.  Hodge  v.  Tucker  (1914)  25  I.  563,  138  P.  1139. 

ARTICLE  I. 

ORGANIZATION. 

4172.  To  What  Cities  Applicable.   Any  city  within  the 
State  of  Idaho  organized  under  the  general  laws  of  the  state, 
or  under  special  charter,  or  under  a  general  incorporating 
act,  now  or  hereafter  having,  as  shown  by  the  last  preceding 
state  or  national  census,  a  population  of  2500  persons,  or 
over  that  number,  may  become  organized  as  a  city  under  the 
provisions  of  this  chapter  by  proceedings  as  hereinafter  pro- 
vided. 

Hist.     C.  L.  162:1;  11,  c.  82,  Sec.  1,  p.  281. 

Cited:  Hodges  vs.  Tucker  (1914)  25  I.  563,  138  P.  1139. 

Constitutionality:  This  act  is  not  special  or  class  legislation  and 
is  not  in  violation  of  Const.  Ill,  19,  but  by  its  provisions  classifies  the 
cities  of  the  state  as  clearly  authorized  under  the  provisions  of  Const. 
XVII,  1.  (Sullivan,  J.  dissents).  Kessler  v.  Fritchman  (1911)  21  I. 
30,  119  P.  692. 

Classification:  By  this  section  the  legislature  intended  to  provide 
a  system  of  government  which  might  be  adopted  for  every  municipal- 
ity, whether  it  had  been  organized  as  a  city  or  village,  and  fixed  such 
classification  according  to  population  as  provided  by  the  constitution, 
at  the  number  of  2500.  (Sullivan,  J.  dissents).  Kessler  v.  Fritchman 
(1911),  21  I.  30,  119,  P.  692. 

Application  to  villages:  A  village  organized  under  the  general 
laws  of  the  state  is  not  required  to  pass  through  the  process  of  be- 
coming a  city  of  the  second  class  under  the  general  laws  of  the  state 
before  it  can  petition  for  an  election  to  form  an  organization  under 
this  act.  (Opinion  of  Stewart,  C.  J.  Ailshie,  J.  reserves  opinion.  Sulli- 
van, J.  dissents.)  Kessler  v.  Fritchman  (1911),  21  I.,  30,  119  P.  692. 

Application  to  special  charter  city:  The  law  applies  to  a  special 
charter  city.  Kessler  v.  Fritchman  (1911)  21  I.  30,  119  P.  692;  Swain 
v.  Fritchman  (1912)  21  I.  783,  125  P.  319. 

4173.  Petition  for  Organization.    Upon  petition  of  elec- 
tors in  number  to  25  per  centum  of  the  votes  cast  for  all 
candidates  for  mayor  at  the  last  preceding  general  city  elec- 
tion of  any  such  city,  the  mayor  shall,  by  proclamation,  is- 
sued within  10  days  after  filing  of  such  petitions,  submit 
the  question  of  organizing  as  a  city  under  this  chapter  at  a 
special  election  to  be  held  at  a  time  specified  therein,  and 
within  60  days  after  said  petition  is  filed.    If  said  plan  is 


126  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

not  adopted  at  the  special  election  so-called,  the  question 
of  adopting  said  plan  shall  not  be  resubmitted  to  the  voters 
of  said  city  for  adoption  within  two  years  thereafter,  and 
then  the  question  to  adopt  may  be  resubmitted  upon  the  pre- 
sentation of  a  new  petition  signed  by  the  electors  of  such 
city  equal  in  number  to  25  per  centum  of  the  votes  cast  for 
all  candidates  for  mayor  at  the  last  preceding  general  city 
election. 

Hist.     C.  L.  162:2  '11,  c.  82,  part  of  Sec.  2,  p.  281. 

Election  authorized:  The  election  herein  provided  is  not  in  vio- 
lation of  constitutional  provisions.  (Sullivan,  J.  dissents.)  Kessler  v. 
Fritchman  (1911)  21  I.  30,  119  P.  692. 

4174.  Election  to  Submit  Proposition    of    Organization. 
At  such  election  the  proposition  to  be  submitted  to  the  elec- 
tors shall  be  "Shall  the  proposition  to  organize  the  city  of 
(name  of  city)  under  the  laws  of  the  Eleventh  session  of 
the  Legislature  of  Idaho,  approved  March  13,  1911,  record- 
ed at  page  282  of  the  Session  Laws  of  said  Eleventh  ses- 
sion, be  adopted?"  and  an  election  thereupon  shall  be  con- 
ducted, the  vote  canvassed  and  the  result  declared  in  the 
same  manner  as  provided  by  law  in  respect  to  other  city 
elections.     Immediately  after  such  proposition  is  adopted, 
the  mayor  shall  transmit  to  the  governor,  the  secretary  of 
state  and  to  the  county  auditor  of  the  county  in  which  such 
city  is  located  each  a  certificate,  stating  that  such  proposi- 
tion was  adopted,  and  giving  the  date  of  the  election  at 
which  it  was  adopted. 

Hist.     C.  L.  162:3.  '11,  c.  82,  parts  of  Sec.  2,  p.  282. 

4175.  First  election  of  officers.    If  the  majority  of  the 
votes  cast  shall  be  in  favor  thereof  the  city  shall  thereupon 
proceed  to  the  election  of  five  councilmen,  one  of  whom 
shall  be  known,  designated  and  elected  as  the  mayor,  as 
hereinafter  provided. 

At  the  regular  city  election  after  the  adoption  of  such 
proposition,  there  shall  be  elected  five  councilmen,  one  of 
whom  shall  be  known,  designated  and  elected  as  mayor, 
which  five  persons  shall  be  known  as  the  council. 

In  the  event,  however,  that  the  next  regular  city  election 
does  not  occur  within  one  year  after  such  special  election 
on  said  question,  the  mayor,  in  case  said  proposition  car- 
ries, shall,  within  10  days  after  said  election,  by  procla- 
mation, call  a  special  election  for  the  election  of  five  city 
councilmen,  one  of  whom  shall  be  designated  and  elected  as 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  127 

mayor,  for  such  city,  60  days'  notice  thereof,  by  publication 
in  the  official  newspaper  of  such  city  being  given  in  such 
call;  such  election  in  either  case  to  be  conducted  as  herein 
provided. 

Hint.  C.  L.  162:4.  '11,  c.  82,  parts  of  Sec.  2,  2a,  pp.  282-3. 
3176.  Registration  of  Electors  for  First  Elections.  For 
the  purpose  of  the  election  for  the  adoption  or  rejection 
of  the  proposition  to  become  organized  as  a  city  under  this 
chapter,  and  for  the  election  provided  herein  to  be  called  by 
the  mayor's  proclamation,  for  the  purpose  of  electing  the 
first  council,  in  case  the  proposition  carries,  it  shall  not  be 
necessary  for  any  qualified  elector  of  such  city,  who  was 
duly  registered  for  the  last  preceding  general  municipal  elec- 
tion held  therein,  to  register  for  either  of  said  above  named 
elections;  the  registration  books,  lists,  oaths  and  all  other 
registration  supplies  used  for  such  last  preceding  general 
municipal  election  shall  be  used  for  both  said  elections ;  the 
same  registrars  who  acted  at  the  last  preceding  general 
election  shall  act,  but  in  case  of  vacancy  from  any  cause  in 
the  office  of  any  registrar,  the  council  shall  fill  such  vacan- 
cies: Provided,  Any  qualified  elector  who  was  not  regis- 
tered for  said  last  preceding  general  municipal  election  may 
register  for  said  elections  above  named  by  applying  to  thi 
registrar  of  his  ward  or  precinct  within  the  time  the  regis- 
tration books  are  open  for  that  purpose. 

Hist.     C.  L.  162:5.  Laws  '11,  c.  82,  part  of  Sec.  2b,  p.  283. 

4177.  Election  Officers  for  First  Elections.    The  council 
shall,  prior  to  the  said  election  at  which  the  proposition  to 
become  organized  under  this  chapter  is  submitted  to  be 
voted  upon,  appoint  all  election  officers  provided  for  by  the 
general  election  laws  pertaining  to  such  cities,  and  said  elec- 
tion officers  shall  act  at  the  said  election  held  to  elect  the 
first  council,  if  a  special  election  is  called  for  that  purpose : 
Provided,  That  the  council  may  fill  any  vacancies  that  may 
occur  in  any  of  said  offices:     Provided,  further,  That,  if, 
from  any  cause,  any  of  the  election  officers  in  any  ward  or 
precinct  should  fail  to  be  present  at  the  polling  place  at  the 
time  of  opening  of  the  polls,  then  such  vacancy  may  be  filled 
by  the  electors  present. 

Hist.     C.  L.  162:6.  Laws  '11,  c.  82,  part  of  Sec.  2b,  p.  284. 

4178.  General  Laics  Applicable.   All  general  laws  of  the 
State  of  Idaho  governing  or  pertaining  to  such  cities  and  not 


128  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

inconsistent  with  the  provisions  of  this  chapter  shall  apply 
to  and  govern  cities  organized  under  this  chapter :  Provided, 
That  no  provisions  of  any  special  charter  or  other  special 
act  or  law  which  any  such  city  may  be  operating  under  at 
the  time  of  its  becoming  organized  under  this  chapter,  shall 
thereafter  be  applicable  to  such  city  while  it  is  operating 
under  the  provisions  of  this  chapter. 

Hist.     C.  L.  162:7.  '11,  c.  82,  part  of  Sec.  3,  p.  284. 

Cross,  ref. :  A  general  law  relating  to  cities  of  the  first  class  was 
passed  subsequently  to  this  law:  c.  148. 

Act  general,  not  special:  That  this  act  is  general  and  not  special 
and  applies  to  all  cities  within  the  state  having  a  population  of  2500 
or  more,  either  organized  under  the  general  laws  or  a  special  charter, 
appears  by  the  provisions  made  in  this  section.  (Sullivan,  J.  dissents.) 
Kessler  v.  Fritchman  (1911)  21  I.  30,  119  P.  692. 

"Such  cities"  construed:  The  words  "such  cities"  as  used  in  this 
section  mean  cities  of  the  class  to  which  the  one  adopting  the  new 
form  of  government  would  legally  belong  under  the  general  laws  of 
the  state.  (Sullivan,  J.  dissents.)  Swain  v.  Fritchman  (1912)  21  I. 
783,  125  P.  319. 

Special  charter  cities :  Under  the  provisions  of  this  section  a  spe- 
cial charter  city  which  has  decided  by  popular  vote,  in  accordance  with 
the  provisions  of  this  act,  to  adopt  the  commission  form  of  govern- 
ment is  thereafter  subject  to  and  governed  by  all  the  general  la\tfs  of 
the  state  governing  or  pertaining  to  cities  of  the  second  class  which 
are  not  inconsistent  with  the  provisions  of  the  commission  govern- 
ment act.  Swain  v.  Fritchman  (1912)  21  I.  783,  125  P.  319. 

4179.  Prior  Ordinances  Continued  in  Force.  All  by-laws, 
ordinances  and  resolutions  lawfully  passed  and  in  force  in 
any  such  city  under  its  former  organization  shall  remain  in 
full  force  until  altered  or  repealed  by  the  council  elected  un- 
der the  provisions  of  this  chapter. 

Hist.     C.  L.  162:8.  '11,  c.  82,  part  of  Sec.  3,  p.  284. 

Cited:     Kessler  v.  Fritchman  (1911)   21  I.  30,  119  P.  692. 

SEC.  4180.  Successor  to  Previous  Corporation.  The  ter- 
ritorial limits  of  such  city  shall  remain  the  same  as  under 
its  former  organization,  but  such  teritorial  limits  may  be  ex- 
tended or  changed  as  provided  by  law,  and  all  rights  and 
property  of  every  description  which  are  vested  in  any  such 
city  under  its  formed  organization  shall  vest  in  the  same  un- 
der the  organization  herein  contemplated,  and  no  right  or 
liability,  either  in  favor  of  or  against  it,  existing  at  the  time 
and  no  suit  or  prosecution  of  any  kind  shall  be  affected  by 
such  change,  and  such  city  shall  be  the  successor  of  the  for- 
mer organization  and  shall  have  perpetual  succession;  it 
shall  have  and  exercise  all  powers,  functions  ,rights  and 
privileges,  now  or  hereafter  given  or  granted  it,  and  shall 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  129 

be  subject  to  all  the  duties,  obligations,  liabilities  and  limita- 
tions now  or  hereafter  imposed  upon  such  municipal  cor- 
porations by  the  constitution  and  laws  of  the  State  of  Idaho, 
and  shall  have  and  exercise  all  other  powers,  functions, 
rights  and  privileges  usually  exercised  by,  or  which  are 
incidental  to,  or  inhere  in,  such  municipal  incorporations  of 
like  character  and  degree. 

Hist.     C.  L.  162:9.  '11,  c.  82,  part  of  Sec.  3,  p.  284. 

Cited:     Kessler  v.  Fritchman  (1911)  21,  I.  30,  119,  P.  692. 

Bonded  Indebtedness:  Under  this  section  bondholders  of  a  city 
which  has  adopted  the  law  have  the  same  rights  and  remedies  that 
they  have  always  had  for  the  collection  of  their  bonds.  The  commis- 
sion government  law  was  never  intended  to  alter,  change  or  impair 
those  obligations.  (Sullivan,  J.  dissents.)  Swain  v.  Fritchman  (1912) 
21  L  783,  125  P.  319. 

ARTICLE  II. 
ELECTIONS. 

SEC.  4181.  Regular  and  Special  Municipal  Elections.  A 
general  municipal  election  shall  be  held  in  such  city  organ- 
ized under  this  chapter  on  the  first  Tuesday  in  April,  1913, 
and  on  the  first  Tuesday  in  April  in  every  second  year 
thereafter,  and  shall  be  known  as  a  general  municipal  elec- 
tion. A  second  election  shall  be  held,  when  necessary,  as 
provided  in  Section  4204  of  this  chapter,  on  the  third  Tues- 
day after  said  general  municipal  election,  and  shall  be 
known  as  the  second  general  municipal  election. 

All  other  municipal  elections  that  may  be  held  by  author- 
ity of  this  chapter,  or  of  general  law,  shall  be  known  as 
special  municipal  elections. 

Hist.     C.  L.  162:10.  '11,  c.  82,  Sec.  4,  p.  285. 

NOMINATIONS. 

SEC.  4182.  Mode  of  Election  Herein  Prescribed  Exclu- 
sive. The  mode  of  nomination  and  election  of  all  elective 
officers  of  the  city  to  be  voted  for  at  any  municipal  election 
shall  be  as  prescribed  in  this  article,  and  not  otherwise. 

Hist.  C.  L.  162:11.  '11,  c.  82,  Sec.  4a,  p.  285,  "as  follows" 
changed  to  "as  prescribed  in  this  article.'' 

SEC.  4185.  Nominations  by  Petition.  The  name  of  a  can- 
didate shall  be  printed  upon  the  ballot  when  a  petition  for 
nomination  shall  have  been  filed  in  his  behalf,  in  the  man- 
ner and  form  and  under  the  conditions  hereinafter  set  forth. 
Hist.     C.  L.  162:12.  '11,  c.  82,  Sec.  4b,  p.  285. 

SEC.  4184.  Form  of  Petition  of  Nomination.  The  petition 
of  nomination  shall  consist  of  not  less  than  25  individuals' 
certificates,  which  shall  read  substantially  as  follows : 


130  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

PETITION  OF  NOMINATION — INDIVIDUAL  CERTIFICATE. 
State  of  Idaho,  \ 

County  of >  ss. 

City  of ) 

Precinct  or  Ward  No 

I,  the  undersigned,  certify  that  I  do  hereby  join  in  a  peti- 
tion for  the  nomination  of ,  whose  resi- 
dence is  at  No street, (city), 

for  the  office  of ,  to  be  voted  for  at  the 

municipal  election  to  be  held  in  the  city  of 

on  the day  of ,  19 ,  and  I  further 

certify  that  I  am  a  qualified  elector  and  am  not  at  this  time 
the  signer  of  any  other  petition  nominating  any  other  can- 
didate for  the  above-named  office,  or  in  case  there  are  sev- 
eral places  to  be  filled  in  the  above-named  office,  that  I  have 
not  signed  more  petitions  than  there  are  places  to  be  filled 

in  the  above-named  office ;  that  my  residence  is  at  No 

street (city),  and  that  my  occupation 

is 

(Signed) 

State  of  Idaho,  j 

County  of >  ss. 

City  of ) 

,  being  first  duly  sworn,  deposes  and  says 

that  he  is  the  person  who  signed  the  foregoing  certificate 
and  that  the  statements  therein  are  true  and  correct. 

(Signed) 

Subscribed  and  sworn  to  before  me  this day  of 

,19 

Notary  Public. 

The  petition  of  nomination  of  which  this  certificate  forms 

a  part,  if  found  insufficient,  shall  be  returned  to 

at street, (city) ,  Idaho. 

Hist.  C.  L.  162:13.  '11,  c.  82,  Sec.  4c,  p.  285. 
SEC.  4185.  Clerk  to  Furnish  Printed  Blanks.  It  shall  be 
the  duty  of  the  city  clerk  to  furnish,  upon  application,  a  rea- 
sonable number  of  regular  printed  forms  of  individual  cer- 
tificates of  the  above  character,  also  to  furnish  forms  of  ac- 
ceptance or  rejection  of  nomination  to  any  person  or  per- 
sons applying  therefor. 

Hist.     C.  L.  162:14.  '11,  c.  82,  Sec.  4d,  p.  286. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  131 

SEC.  4186.  Regulations  Concerning  Filling  and  Signing 
Certificates.  Each  certificate  must  be  a  separate  paper.  All 
certificates  must  be  of  a  uniform  size,  the  size  to  be  deter- 
mined by  the  city  clerk.  Each  certificate  must  contain  the 
name  of  one  signer  thereto  and  no  more.  Each  signer  must 
be  a  qualified  elector,  must  not  at  the  time  of  signing  the 
certificate  have  his  name  signed  to  any  other  certificate  for 
any  candidate  for  the  same  office,  nor,  in  case  there  are 
several  places  to  be  filled  in  the  same  office,  signed  to  more 
certificates  for  candidates  for  that  office  than  there  are 
places  to  be  filled  in  such  office.  In  case  an  elector  has 
signed  two  or  more  conflicting  certificates  ,all  his  certifi- 
cates shall  be  rejected.  Each  signer  must  verify  his  certifi- 
cate and  make  oath  that  the  same  is  true  before  a  notary 
public,  as  provided  for  in  this  section.  Each  certificate 
shall  further  contain  the  name  and  address  of  the  person 
to  whom  the  petition  is  to  be  returned  in  case  said  petition 
is  found  insufficient. 

Hist.     C.  L.  162:15;  Laws  '11,  c.  82,  Sec.  4e,  p.  286. 

SEC.  4187.  Time  for  Filing  Nominations.  The  petition  of 
nomination,  consisting  of  not  less  than  25  such  individual 
certificates  for  any  one  candidate  may  be  presented  to  the 
city  clerk  not  earlier  than  45  days,  nor  later  than  30  days, 
before  the  said  first  election.  The  clerk  shall  indorse  there- 
on the  date  upon  which  the  petition  was  presented  to  him. 

Hist.       C.  L.  162:16;  Laws  '11,  c.  82,  Sec.  4f,  p.  286;  "nomina- 
tions" singularized. 

SEC.  4188.  Correction  of  Petition.  When  the  petition  of 
nomination  is  presented  for  filing  to  the  city  clerk  he  shall 
forthwith  examine  the  same  and  ascertain  whether  it  con- 
forms to  the  provisions  of  this  article.  If  found  not  to  con- 
form thereto,  he  shall  then  and  there,  in  writing,  designate 
on  said  petition  the  defect  or  omission  or  reason  why  such 
petition  can  not  be  filed,  and  shall  return  the  petition  to  the 
person  named  as  the  person  to  whom  the  same  may  be  re- 
turned in  accordance  with  this  article.  The  petition  may 
then  be  amended  and  again  presented  to  the  clerk  if  within 
the  time  allowed  for  filing  such  petition,  as  in  the  first  in- 
stance. The  clerk  shall  forthwith  proceed  to  examine  the 
amended  petition  as  hereinbefore  provided  for  the  original 
petition.  The  petition  may  be  amended  any  number  of 
times,  provided  that  the  last  amended  petition  is  on  file 
within  the  time  before  the  election  herein  prescribed  for 


132  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

the  filing  of  original  petitions.  If  necessary,  the  council 
shall  provide  extra  help  to  enable  the  city  clerk  to  perform 
satisfactorily,  and  in  due  time  and  promptly,  the  duties  im- 
posed by  this  section. 

Hist.  C.  L.  162:17.  '11,  c.  82,  Sec.  4g,  p.  28(5. 
SEC.  4189.  Revocation  of  Certificate.  Any  signer  to  the 
petition  of  nomination  and  certificate  may  withdraw  his 
name  from  the  same  by  filing  with  the  city  clerk  a  verified 
revocation  of  his  signature  before  the  filing  of  the  petition 
with  the  clerk,  and  not  otherwise.  He  shall  then  be  at  lib- 
erty to  sign  a  petition  for  another  candidate  for  the  same 
office. 

Hist.  C.  L.  162:18;  Laws  '11,  c.  82,  Sec.  4h,  p.  287. 
SEC.  4190.  Withdrawal  by  Nominee.  Any  person  whose 
name  has  been  presented  under  this  article  as  a  candidate 
may,  not  later  than  30  days  before  the  date  of  election, 
cause  his  name  to  be  withdrawn  from  nomination  by  filing 
with  the  city  clerk  a  request  therefor  in  writing,  and  no 
name  so  withdrawn  shall  be  printed  upon  the  ballot.  If, 
upon  such  withdrawal,  the  number  of  candidates  remaining 
does  not  exceed  the  number  so  to  be  elected,  then  other  nom- 
inations may  be  made  by  filing  petitions  therefor  not  later 
than  20  days  prior  to  such  election. 

Hist.     C.  L.  162:19;  Laws  '11,  c.  82,  Sec.  4i,  p.  287. 

SEC.  4191.  Filing  of  Petition  by  Clerk.  If  either  the  or- 
iginal or  the  amended  petition  of  nomination  be  found  suffi- 
ciently signed,  as  hereinbefore  provided,  the  clerk  shall  file 
the  same  25  days  before  the  date  of  election.  When  a  peti- 
tion of  nomination  shall  have  been  filed  by  the  clerk,  it  shall 
not  be  withdrawn  nor  added  to,  and  no  certificates  shall  be 
revoked  thereafter. 

Hist.     C.  L.  162:20;  '11,  c.  82,  Sec.  4j.  p.  287. 

SEC.  4192.  Preservation  of  Petitions.  The  city  clerk  shall 
preserve  in  his  office  for  a  period  of  two  years  all  petitions 
of  nomination  and  all  certificates  belonging  thereto  filed  un- 
der this  article. 

Hist.     C.  L.  162:21;  Laws  '11,  c.  82,  Sec.  4k,  p.  287. 

SEC.  4193.  Acceptance  of  Nomination:  Form.  Any  per- 
son nominated  under  this  chapter  shall  file  his  acceptance 
with  the  clerk  not  later  than  25  days  before  the  day  of  elec- 
tion ;  and  in  the  absence  of  such  acceptance,  the  name  of  the 
candidate  shall  not  appear  on  the  ballot.  Such  acceptance 
shall  be  substantially  in  the  following  form: 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  133 

State  of  Idaho,  j 

County  of V  ss. 

City  of ) 

I, ,  having  heretofore  been  nominated  for 

the  office  of ,,  of  the  city  of 

do  hereby  accept  said  nomination.  I  hereby  declare  that 
I  am  not  a  candidate  as  the  nominee  or  representative  of,  or 
because  of  any  promised  support  from,  any  political  party, 
or  any  committee  or  convention  representing  or  acting  for 
any  political  party  or  organization. 

( Signed ) 

(Candidate) 

Subscribed  and  sworn  to  before  me  this 

day  of ,  A.  D.  19 

Hist.     C.  L.  162:22;  Laws  '11,  c.  82,  Sec.  41,  p.  287. 

SEC.  4194.  Certification  and  Publication  of  Nomination. 
Immediately  after  such  petitions  are  filed  the  clerk  shall  en- 
ter the  names  of  the  candidates  in  a  list,  with  the  offices  to 
be  filled,  and  shall,  not  later  than  20  days  before  the  said 
first  election,  certify  such  list  as  being  the  list  of  candidates 
nominated  as  required  by  this  chapter,  and  the  city  council 
shall  cause  said  certified  list  of  names  and  the  offices  to  be 
filled  to  be  published  in  the  proclamation  calling  for  the 
election,  the  first  publication  of  the  proclamation  which  in- 
cludes the  said  list  to  be  at  least  10  days  before  the  said 
first  election  in  not  more  than  two  daily  papers  of  general 
circulation  published  in  such  city,  and  if  no  daily  papers  are 
published  in  the  city  ,then  in  some  other  newspaper  pub- 
lished in  the  city.  Said  proclamation  shall  conform  in  all 
respects  to  the  general  state  law  governing  the  conduct  of 
municipal  elections  now  or  hereinafter  in  force  except  as 
above  required. 

Hi*t.     C.  L.  162:23;  Laws  '11,  c.  82,  Sec.  4m,  p.  288. 

FORM  OF  BALLOT. 

SEC.  4195.  Preparation  of  Ballots :  Instruction  to  Voters. 
The  city  clerk  shall  cause  the  ballots  to  be  printed  and  bound 
and  numbered  as  provided  for  by  general  law,  except  as 
otherwise  required  in  this  chapter.  The  ballots  shall  be 
uniform  in  size ;  no  exact  size  is  prescribed  for  the  ballots, 
but  they  shall  be  of  sufficient  size  to  contain  the  list  of  names 


134  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

and  the  respective  offices  as  published  in  the  proclamation, 
and  shall  have  printed  thereon  substantially  the  following: 

Official  Ballot. 

General  (or  Special)  Municipal  Election,  City  of 

(Inserting  date  thereof.) 
Instructions  to  voters:    To  vote,  stamp  or  write  a  cross 

(X)  in  the  square  opposite  the  name  of  the  candidate  for 
whom  you  desire  to  vote.  To  vote  on  any  ordinance  or  other 
question  submitted  place  a  cross  (X)  in  the  square  to  the 
right  of  such  ordinance,  or  other  question,  in  the  one  marked 

(yes)  or  (no)  according  to  the  way  you  desire  to  vote  on  it. 
All  marks  otherwise  made  are  forbidden.  All  distinguish- 
ing marks  are  forbidden  and  make  the  ballot  void.  If  you, 
by  mistake  or  accident,  mark,  tear  or  deface  or  otherwise 
mutilate  this  ballot,  return  to  the  election  judges  and  obtain 
another  ballot. 

Hist.  C.  L.  162:24.  '11,  c.  82,  Sec.  4n,  p.  288. 
SEC.  4196.  Same :  Arrangement  of  Names  of  Candidates. 
All  ballots  shall  be  precisely  of  the  same  size,  quality,  tint 
of  paper,  kind  of  type  and  color  of  ink,  so  that  without  the 
number  it  would  be  impossible  to  distinguish  one  ballot  from 
another;  and  the  names  of  all  candidates  printed  upon  the 
ballot  shall  be  in  a  type  of  the  same  size  and  style.  The 
form  shall  be  set  up  with  the  names  of  candidates  in  the 
order  in  which  they  appear  upon  the  form  of  official  ballot 
prepared  by  the  city  clerk;  in  printing  each  set  of  official 
ballots  for  the  various  election  precincts  or  wards,  the 
position  of  the  names  shall  be  changed  in  each  office  di- 
vision as  many  times  as  there  are  candidates  in  the  office 
division  or  group  in  which  there  are  the  most  names;  as 
nearly  as  possible,  an  equal  number  of  ballots  shall  be  print- 
ed after  each  change.  In  making  the  changes  of  position, 
the  printer  shall  take  the  line  of  type  at  the  top  of  each  of- 
fice division  and  place  it  at  the  bottom  of  that  division,  shov- 
ing up  the  column  so  that  the  name  that  was  second  before 
shall  be  the  first  after  the  change.  After  the  ballots  are 
printed,  before  being  cut,  they  shall  be  kept  in  separate 
piles  for  each  change  of  position  and  shall  then  be  piled, 
taking  one  from  each  pile  and  placing  it  upon  the  pile  to  be 
cut,  the  intention  being  that  every  other  ballot  in  the  pile 
of  printed  sheets  shall  have  the  names  in  different  position. 
After  the  piles  are  made  in  this  manner,  they  shall  be  cut 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  135 

and  placed  in  blocks  of  100  ballots  in  each  block,  every  other 
ballot  in  such  blocks  to  have  the  names  in  different  position, 
as  nearly  as  practicable.  Nothing  shall  be  placed  on  any  bal- 
lot which  shall  be  indicative  of  the  source  of  the  candidacy 
or  of  the  support  of  any  candidate  or  of  the  principles  or 
platform  of  any  candidate,  and  no  emblem  of  any  kind  indi- 
cative of  any  party  organization  shall  be  placed  upon  any 
such  ballot. 

The  name  of  no  candidate  who  has  been  duly  and  regular- 
ly nominated  and  has  not  withdrawn  his  name  as  hereinaf- 
ter provided  shall  be  omitted  from  the  ballot,  and  all  names 
shall  be  on  one  form  of  ballot. 

Hist.     C.  L.  162:25.  '11,  c.  82,  first  part  of  Sec.  4o,  p.  289,  and 
Sec.  4q,  p.  290. 

SEC.  4197.  Same:  Submission  of  Miscellaneous  Ques- 
tions. In  addition  thereto,  the  ballot  shall,  in  the  discretion 
of  the  city  clerk,  be  of  sufficient  size  to  permit  a  column  on 
the  right  hand  side  of  the  ballot  on  which  all  other  questions, 
ordinances  and  measures  to  be  voted  upon  at  the  municipal 
elections,  as  provided  for  under  this  chapter,  may  be  placed. 
The  size  of  the  ballot  and  the  space  to  be  left  for  such  col- 
umn shall  be  determined  by  the  city  clerk  ascertaining  the 
number  of  other  questions  to  be  voted  upon  at  any  munici- 
pal election :  Provided,  however,  That  if,  in  the  opinion  of 
the  city  clerk,  the  placing  of  such  other  questions,  ordinances 
and  measures,  as  are  to  be  submitted,  on  the  same  ballot  with 
the  names  of  the  candidates  to  be  voted  for  for  the  various 
offices,  would  make  such  ballot  cumbersome,  or,  in  his 
opinion,  too  large,  then  such  clerk  shall  have  printed  sepa- 
rate ballots  for  such  other  questions,  ordinances  and  meas- 
ures ,which  ballots  shall  be  uniform  in  size  and  color  and  of 
sufficient  size  to  contain  all  such  questions,  ordinances  and 
measures  submitted  at  the  same  election:  Provided,  fur- 
ther, That,  if  any  of  the  questions,  ordinances  or  measures 
are  printed  on  separate  ballots,  then  all  must  be  printed  on 
such  separate  ballot  and  all  on  one  form  of  ballot,  which  sep- 
arate ballot  shall,  when  used,  be  of  a  different  tint  from  the 
ballots  which  contain  the  names  of  the  candidates  to  be 
elected:  Provided,  further,  That  any  proper  ordinance  or 
question  which  was  not  printed  on  the  ballots,  used  at  said 
first  election,  and  which,  complying  with  the  provisions  of 


136  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

this  chapter,  may  properly  be  submited  at  the  time  of  said 
second  election  provided  for  herein,  may  be  submitted  and 
voted  upon  at  the  second  election :  And,  Provided,  further, 
That  no  such  second  election  shall  be  held  for  the  sole  and 
only  purpose  of  voting  on  proposed  ordinances,  or  other 
questions,  and  in  cases  where  no  second  election  is  required 
to  be  held  for  the  purpose  of  electing  officers,  the  proposed 
ordinances  and  other  questions  must  be  submitted  at  an  elec- 
tion called  for  that  purpose  in  the  manner  as  provided  in 
this  chapter. 

Hist.      C.  L.  162:26;  Laws  '11,  c.  82,  part  of  Sec.  4o,  p.  289. 

SEC.  4198.  Ballots  for  Second  Election.  All  ballots  used 
for  second  election,  when  such  second  election,  acording  to 
the  provisions  of  this  chapter,  is  necessary,  shall  fully  com- 
ply with  the  requirements  of  the  ballots  for  the  first  elec- 
tion, as  set  forth  above,  for  all  candidates  for  all  offices 
who  were  not  elected  by  such  majority  vote  at  said  first 
election : Pro vided,  That  no  question  or  ordinance  sub- 
mitted and  voted  upon  at  said  first  election  shall  be  resub- 
mitted  and  voted  upon  at  said  election  should  the"  same  be 
placed  upon  the  ballots  for  said  election,  provided  for  herein. 

Hist.     C.  L.  162:27,  '11,  c.  82,  Sec.  4p.  p.  290. 

SEC.  4199.  Form  of  Ballot:  General  Arrangement.  The 
form  of  ballot  to  be  used  for  such  first  and  second  elections 
provided  by  this  chapter  shall  be  substantially  as  follows: 
Official  (First  or  Second  Election)  Ballot.  Candidates  for 

Nomination  (or  Election)  for  Mayor  and  Councilmen 
of....  (City)  at  the  (First  or  Second)  Election. 


Election  to  be  held ,  19 

For  mayor 

(Vote  for  one) 

(Names  of  candidates) 

For  councilmen 
(Vote  for — here  insert  number) 

(Names  of  candidates) 
Official  ballot  attest: 

(Signature) 

City  Clerk. 

Hist.     C.  L.  162:28;  Laws  '11,  c.  82,  Sec.  4r,  p.  291. 
SEC.  4200.    Same :  Squares  for  indicating  choice.  A  half- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  137 

inch  square  shall  be  provided  at  the  right  of  the  name  of 
each  candidate  wherein  to  mark  the  cross  (X).  Two  such 
squares  shall  also  be  placed  to  the  right  of  any  ordinance 
or  question  to  be  voted  on,  whether  they  are  printed  on  the 
same  ballot  with  the  names  of  candidates  or  printed  on  sep- 
arate ballots,  and  in  the  upper  square  shall  be  printed  the 
word  "no,"  and  if  the  voter  is  in  favor  of  the  ordinance  9r 
question  he  shall  place  his  cross  in  the  square  containing 
the  word  "yes,"  and  if  opposed,  he  shall  place  his  cross  in 
the  square  containing  the  word  "no,"  but  it  shall  not  be 
compulsory  to  vote  on  any  ordinance  or  question  submitted. 
Above  each  ordinance  (or  measure)  there  shall  be  placed  on 
the  ballot  the  following  words:  "Shall  the  following  ordi- 
nance (or  measure)  be  adopted?" 

Hist.  C.  L.  162:29;  Laws  '11,  c.  82,  Sec.  4s,  p.  291. 
SEC.  4201.  Same :  Spaces  for  Additional  Names.  Half- 
inch  spaces  shall  be  left  below  the  printed  names  of  candi- 
dates for  each  office  equal  in  number  to  the  number  to  be 
voted  for,  wherein  the  voter  may  write  the  name  of  any 
person  or  persons  for  whom  he  may  wish  to  vote. 

Hist.     C.  L.  162:30,  '11,  c.  82,  Sec.  4t,  p.  291. 

SEC.  4202.  Sample  Ballots.  The  clerk  shall  cause  to  be 
printed  sample  ballots  for  both  first  and  second  elections 
where  a  second  election  is  to  be  held,  and  sample  ballots 
containing  all  ordinances  and  measures  to  be  submitted, 
which  sample  ballots  shall  be  in  the  same  form  as  the  official 
ballots  to  be  used,  except  they  shall  have  printed  thereon 
the  words  "sample  ballot"  and  shall  be  printed  on  a  dif- 
ferent colored  paper  from  the  official  ballot  and  shall  not  be 
numbered;  and  the  clerk  shall  furnish  copies  of  the  same, 
on  application  at  his  office,  to  anyone  applying  therefor,  at 
least  five  days  before  the  election. 

Hist.     C.  L.  162:31;  Laws  '11,  c.  82,  Sec.  4u,  p.  291. 

MISCELLANEOUS  PROVISIONS. 

SEC.  4203.  Number  of  Votes  Necessary  to  Elect.  In  case 
there  is  but  one  person  to  be  elected  to  an  office  as  mayor, 
the  candidate  receiving  a  majority  of  the  votes  for  all  can- 
didates at  the  said  first  election  for  that  office  shall  be  de- 
clared elected ;  in  case  there  are  two  or  more  persons  to  be 
elected  to  an  office,  as  that  of  councilmen,  then  those  indi- 
vidual candidates,  if  any,  equal  in  number  to  the  number 
to  be  elected,  who  receive  the  number  of  votes  greater  than 


138  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

one-half  the  number  of  ballots  cast  at  such  election,  shall  be 
declared  elected :  Provided,  however,  That  no  person  shall 
be  declared  elected  to  any  office  at  such  first  election  unless 
the  number  of  votes  received  by  him  shall  be  greater  than 
one-half  the  number  of  ballots  cast  at  such  election  for  such 
office. 

Hist.     C.  L.  162:32;  '11,  c.  82,  Sec.  4v,  p.  292. 

SEC.  4204.  Second  Election :  When  Necessary.  If  at  any 
election  held  as  above  provided  there  be  any  office  to  which 
the  required  number  of  persons  were  not  elected,  as  above 
provided,  then  as  to  such  office  the  said  first  election  shall  be 
construed  to  have  been  a  primary  election  for  the  nomina- 
tion of  candidates,  and  the  second  election  shall  be  held  to 
fill  such  office  or  offices.  The  candidates  not  elected  at  such 
first  election,  equal  in  number  to  twice  the  number  to  be 
elected  to  any  given  office,  which  was  not  so  filled  by  the  said 
first  election,  or  less,  if  so  there  be,  who  receive  the  highest 
number  of  votes  for  the  respective  offices  at  such  first  elec- 
tion, shall  be  the  only  candidates  at  such  second  election: 
Provided,  That  if  there  be  any  person,  who,  under  the  pro- 
visions of  this  article,  would  have  been  entitled  to  become  a 
candidate  for  any  office,  except  for  the  fact  that  some  other 
candidate  received  an  equal  or  tie  number  of  votes  therefor, 
then  all  such  persons  receiving  an  equal  or  tie  number  of 
votes  shall  likewise  become  candidates  for  such  office  at 
such  second  election,  and  their  names  shall  be  also  placed  on 
the  ballot  for  such  second  election. 

The  candidates,  equal  in  number  to  the  persons  to  be 
elected  at  such  second  election,  who  shall  receive  the  highest 
number  of  votes  at  such  second  election,  shall  be  declared 
elected  to  such  office. 

Hist.  C.  L.  162:33;  ",  c.  82,  Sec.  4w,  p.  292;  "a  candidate"  in- 
serted after  "become." 

Cross  ref.  Express  reference  to  this  section:  Regular  and  spe- 
cial elections:  4181. 

SEC.  4205.  Same :  Time  for  Holding.  The  said  second 
election,  if  necessary  to  be  held,  shall  be  held  on  the  third 
Tuesday  after  the  first  election. 

Hist.     C.  L.  162:34;  '11,  c.  82,  Sec.  4x,  p.  292. 

SEC.  4206.  Same:  Conduct  of  Election.  All  the  provi- 
sions and  conditions  above  set  forth  as  to  the  calling,  holding 
and  conducting  of  elections,  so  far  as  they  may  be  applic- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO   •  139 

able  shall  govern  the  second  election,  except  that  notice  of 
election  and  list  of  candidates  and  offices  to  be  filled  need  be 
published  twice  only:  And  Provided  also,  That  the  same 
precincts,  or  wards,  and  polling  places,  the  same  officers  of 
election,  the  same  registrar  and  registration  books  and  lists 
and  check  and  tally  books  shall,  if  possible,  be  used. 
Hist.  C.  L.  162:35;  '11,  c.  82,  Sec.  4y,  p.  292. 

SEC.  4207.  Registration.  The  registration  books  shall 
close  on  the  Saturday  night  preceding  the  said  first  election, 
at  9  o'clock  p.  m.,  and  shall  remain  closed,  and  no  person 
be  allowed  to  register  until  on  Wednesday  following  said 
first  election;  if  a  second  election  is  to  be  held,  then  any 
qualified  elector  who  was  not  properly  registered  for  said 
first  election  may  apply  to  the  registrar  and  register  for  the 
said  second  election  at  any  time  during  business  hours  and 
while  said  books  are  open,  as  required  by  law  until  the  Sat- 
urday night  at  9  o'clock  preceding  said  second  election,  when 
said  registration  books  are  closed,  and  no  person  shall  be 
permitted  to  register  for  said  second  election  after  said 
registration  books  are  closed.  Any  elector  who  is  not  reg- 
istered as  required  shall  not  be  entitled  to  vote  at  either  said 
first  or  said  second  election.  After  closing  said  registration 
books,  the  registrar  shall  prepare  his  registration  books 
alphabetically,  and  his  appointment,  duties  and  compensa- 
tion shall  be  the  same  as  provided  by  general  law,  except  as 
herein  otherwise  provided. 

No  qualified  elector  who  is  duly  registered  as  a  voter  at 
the  last  preceding  general  municipal  election  next  preceding 
the  adoption  by  the  city  of  the  provisions  of  this  chapter, 
shall  be  required  to  reregister  for  the  election  at  which  is 
submitted  the  proposition  of  adopting  the  provisions  of  this 
chapter,  or  for  any  election  held  in  such  city  after  the  adop- 
tion of  the  general  provisions  of  this  chapter,  so  long  as  he 
remains  or  has  remained  continuously  after  such  registra- 
tion a  duly  qualified  elector  of  such  city :  Provided,  That  if, 
after  any  qualified  elector  has  registered  for  the  said  last 
preceding  general  municipal  election  prior  to  the  adoption 
of  this  chapter,  or  after  registering  for  an  election  for  the 
adoption  of  or  after  the  adoption  of  this  chapter,  he  has 
failed  to  keep  his  continuous  residence  and  full  qualifica- 
tions to  vote  in  such  city,  regardless  of  how  short  the  term 
of  disqualification  shall  exist  or  have  existed,  he  shall  not 


140  •  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

be  entitled  to  vote  at  any  election  after  such  disqualification 
existed  unless  he  shall  have  reregistered  for  the  election  at 
which  he  next  desires  to  vote. 

Hint.     C.  L.  162:36;  11,  c.  82,  Sec.  4z,  p.  293. 
Cross  ref.     Qualification  of  electors  and  registration  at  municipal 
elections :  Sec.  4032  et  seq. 

SEC.  4208.    Failure  to  Qualify  Creates  Vacancy.  If  a  per- 
son elected  fails  to  qualify,  the  office  shall  be  filled  as  if  there 
were  a  vacancy  in  such  office  as  hereinafter  provided. 
Hist.     C.  L.  162:37;  '11,  c.  82,  Sec.  5,  p.  293. 

SEC.  4209.  Informalities  Do  Not  Invalidate  Elections. 
And  informalities  in  conducting  municipal  elections  shall 
not  invalidate  the  same  if  they  have  been  conducted  fairly 
and  without  fraud  and  in  substantial  conformity  to  the  re- 
quirements of  this  chapter. 

Hist.     C.  L.  162:38;  '11,  c.  82,  Sec.  6,  p.  294. 

SEC.  4210.  Application  of  general  election  laws.  The  pro- 
visions of  the  state  law  relating  to  the  qualifications  of  elec- 
tors, appointments,  qualification,  duties  and  compensation 
of  registrars,  and  the  registration  of  voters,  the  manner  of 
voting,  the  duties  of  election  officers,  the  canvassing  or  re- 
turns and  all  other  particulars  in  respect  to  the  calling,  hold- 
ing, management  and  conduct  of  elections,  so  far  as  they 
may  be  applicable,  and  not  herein  otherwise  specially  pro- 
vided for,  shall  govern  all  municipal  elections,  provided 
that  the  city  council  shall  meet  as  a  canvassing  board  and 
duly  canvass  and  certify  the  election  returns  within  four 
days  after  any  municipal  election. 

Hist,     C.  L.  162:39;  '11,  c.  82,  Sec.  7,  p.  294. 

Cross  ref.  Municipal  elections:  4029  et  seq.  General  election 
laws:  Sec.  488  et  seq. 

OFFENSES. 

SEC.  4211.  Corrupt  Practices:  Penalties.  No  person 
shall,  in  order  to  aid  or  promote  his  own  nomination  or 
election  to  any  office  under  the  provisions  of  this  chapter,  di- 
rectly or  indirectly,  either  himself  or  through  any  other  per- 
son, give,  pay,  extend  or  contribute,  promise  to  give,  pay, 
expend  or  contribute  any  money  or  other  valuable  thing  or 
service  except  for  the  printing  and  distribution  of  circulars, 
cards,  pamphlets,  newspaper  articles  and  other  publications 
whereby  he  states  his  position  or  views  upon  public  ques- 
tions or  any  matters  relating  to  the  affairs  of  such  munici- 
pality, for  the  necessary  expenses  in  hiring  or  renting  halls 
for  the  purpose  of  holding  public  meetings  to  address  the 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  141 

voters  and  others  upon  such  questions  and  matters  relating 
to  his  candidacy,  and  for  stationery  and  postage. 

No  person  shall  agree  to  perform  any  services  in  the  inter- 
ests of  any  candidate  for  any  such  office  provided  for  in  this 
chapter  in  consideration  of  any  money  or  other  valuable 
thing  for  such  services  performed  in  the  interest  of  any  such 
candidate. 

It  shall  be  unlawful  for  any  person  to  use  any  carriage, 
automobile  or  vehicle  of  any  kind  or  description  for  the 
transportation  of  voters  to  or  from  the  places  of  registration 
during  the  period  provided  for  registration,  or  to  or  from 
the  polling  places  on  the  day  of  any  municipal  election  held 
in  cities  organized  under  this  chapter :  Provided,  This  shall 
not  prohibit  any  person  or  member  of  his  family  from  going 
to  or  from  such  named  places  in  his  own  conveyance,  or 
from  using  his  own  conveyance  to  transport  crippled,  aged, 
infirm  or"  sick  persons  to  or  from  said  places. 

Any  person  violating  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction  thereof  before  any  court  having  jurisdiction,  be 
punished  by  a  fine  not  exceeding  $500,  or  be  imprisoned  in 
the  county  jail  not  exceeding  90  days,  or  by  both  such  fine 
and  imprisonment. 

Hist.     C.  L.  162:40;  '11,  c.  82,  Sec.  8,  p.  294. 


SEC.  4212.  Same.  Any  person  offering  to  give  a  bribe, 
either  in  money  or  other  consideration,  to  any  elector  for 
the  purpose  of  influencing  his  vote  at  any  election  provided 
in  this  chapter,  or  any  elector  entitled  to  vote  at  any  such 
election  receiving  and  accepting  such  bribe  or  other  consid- 
eration ;  any  person  making  false  answers  to  any  of  the  pro- 
visions of  this  chapter  relative  to  his  qualifications  to  vote 
at  said  election;  any  person  wilfully  voting  or  offering  to 
vote  at  such  election  who  has  not  been  a  resident  of  this  state 
for  six  months  last  preceding  said  election,  or  who  is  not 
21  years  of  age,  or  is  not  a  citizen  of  the  United  States,  or 
knowing  himself  not  to  be  a  qualified  elector  of  such  city  or 
precinct  or  ward  where  and  at  the  time  he  offered  to  vote ; 
any  person  knowingly  procuring,  aiding  or  abetting  any 
violation  hereof  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  on  conviction  thereof  before  any  court  having 
jurisdiction,  be  punished  by  a  fine  of  not  less  than  $100  nor 
more  than  $500,  or  be  imprisoned  in  the  city  or  county  jail 


142  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

not  less  than  10  days,  nor  more  than  90  days,  or  by  both  such 
fine  and  imprisonment. 

Hist.     C.  L.  162:41;  '11,  c.  82,  Sec.  9,  p.  295. 

ARTICLE  III. 

OFFICERS. 

SEC.  4213.  Governing  body.  Every  such  city  shall  be 
governed  by  a  council  composed  of  five  councilmen,  one  of 
whom  shall  be  known,  designated  and  elected  as  mayor, 
chosen  and  elected  from  the  city  at  large  as  provided  in  this 
chapter. 

Hist.     C.  L.  162:42;  '11,  c.  82,  part  of  Sec.  10,  p.  295. 

SEC.  4214.  Mayor  and  council :  Terms.  The  first  mayor 
elected  after  the  adoption  of  this  chapter  shall  hold  office  un- 
til the  next  general  election,  or  until  his  successor  shall  be 
elected  and  qualified;  thereafter  a  mayor  shall  be  elected 
every  two  years,  and  shall  hold  office  until  his  successor 
shall  be  elected  and  qualified,  except  as  hereinafter  provided. 

The  councilmen  first  elected  after  the  adoption  of  the  pro- 
visions of  this  chapter,  upon  their  qualification,  shall  be  di- 
vided into  two  classes  of  two  members  each,  the  first  class 
to  serve  for  a  term  of  two  years  each,  and  the  second  class  to 
serve  for  a  term  of  four  years  each,  which  division  and  de- 
termination shall  be  made  by  lot  under  the  supervision  of 
the  mayor.  The  two  councilmen  who  are  to  serve  the  first 
two  years  after  the  adoption  of  this  chapter  shall  serve  only 
until  the  next  general  election.  The  two  who  are  by  such  de- 
termination to  hold  office  for  four  years  shall  hold  office  until 
the  second  general  election,  and  until  their  successors  are 
elected  and  qualified.  And  at  each  general  municipal  election 
thereafter  there  shall  be  elected  two  members  of  the  council 
on  such  general  ticket  for  terms  of  four  years  each. 

In  case  of  vacancy  among  the  hold-over  members  tempo- 
rarily filled  by  appointment  of  the  council  as  herein  pre- 
scribed, such  vacancy  shall  be  filled  in  the  next  ensuing  gen- 
eral election  for  the  remainder  of  the  term,  in  the  same 
manner  as  herein  prescribed  for  the  nomination  and  election 
of  other  councilmen. 

Hist      C.  L.  162:43;  '11,  c.  82,  part  of  Sec.  2,  p.  282;  "successors" 
singularized. 

Except  as  hereinafter  provided:     This  is  an  absolute  exception 
and  makes  the  method  of  removal  provided  in  this  chapter  an  exclu- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  143 

sive  and  not  a  cumulative  remedy  for  the  removal  of  the  mayor. 
Hodges  v.  Tucker  (1914)  25  I.  563,  138  P.  1139. 

SEC.  4215.  Vacancies:  How  filled.  If  a  vacancy  shall 
occur  in  the  office  of  mayor  or  councilman,  the  council  shall 
appoint  a  qualified  person  to  fill  such  vacancy.  If  at  any 
second  municipal  election,  when  such  second  municipal  elec- 
tion is  necessary,  held  under  the  provisions  of  this  chapter, 
the  mayor  or  other  member  of  the  council  be  not  elected  by 
reason  of  a  tie  vote  among  any  of  the  candidates  therefor, 
then  the  council  after  the  qualification  of  the  persons,  if 
any,  elected  thereto  at  such  election,  shall  appoint  one  of  the 
persons  receiving  such  tie  vote  to  fill  such  office  as  in  the 
case  of  a  vacancy  therein.  In  each  case  the  person  so  ap- 
pointed shall  hold  office,  subject  to  the  provisions  of  the  re- 
call until  the  next  general  municipal  election. 

Hist.     C.  L.  162:44;  '11,  c.  82,  Sec.  2a,  first  paragraph,  p.  283; 
"qualifications,"  for  "qualifications"  "until"  for  "under"  in  last  clause. 

Cited:     Hodges  v.  Tucker  (1914)  25  I.  563,  138  P.  1139. 

SEC.  4216.  The  council :  Quorum,  etc.  When  any  refer- 
ence is  made  in  this  chapter  to  the  council  or  members  there- 
of,  or  to  councilmen,  the  mayor  shall  be  considered  as  one  of 
the  council  for  all  purposes  and  shall  vote  on  all  questions 
the  same  as  any  other  member  of  the  council.  Three  of  the 
five  members  of  the  council  (one  of  whom  may  be  the 
mayor)  shall  constitute  a  quorum,  and  the  affirmative  vote 
of  three  members,  shall  be  necessary  to  adopt  any  motion, 
resolution  or  ordinance,  or  pass  any  measure,  unless  a  great- 
er number  is  provided  for  in  this  chapter.  Upon  every  vote 
upon  orders,  resolutions,  measures  and  ordinances,  the  yeas 
and  nays  shall  be  called  and  recorded,  and  every  order,  reso- 
lution or  ordinance  shall  be  reduced  to  writing  and  read  be- 
fore the  vote  is  taken  thereon.  The  mayor  shall  preside  at 
all  meetings  of  the  council ;  he  shall  have  no  power  to  veto 
any  measure,  resolution  or  ordinance,  but  every  order,  reso- 
lution and  ordinance  passed  by  the  council  must  be  signed  by 
the  mayor,  or  by  two  councilmen,  and  be  recorded  in  the 
regular  book  provided  for  that  purpose  before  the  same  shall 
be  in  force ;  the  original  thereof  shall  be  placed  on  file  and 
at  all  times  be  subject  to  public  inspection. 

Hist.      C.  L.  162:45;  '11,  c.  82,  part  of  Sec.  10,  p.  295. 

SEC.  4217.  Administrative  departments.  The  council  shall 
have  and  possess,  and  the  mayor  and  council  and  its  mem- 
bers shall  exercise  all  executive,  legislative  and  judicial 


144  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

power  and  duties  now  had,  possessed  and  exercised  by  the 
mayor,  city  council,  board  of  public  works,  board  of  library 
trustees  and  other  executive  and  administrative  officers  in 
cities,  except  as  hereinafter  provided. 

The  executive  and  administrative  powers,  authority  and 
duties  in  such  cities  shall  be  distributed  into  any  among  five 
departments,  as  follows: 

1.  Department  of  public  affairs. 

2.  Department  of  accounts  and  finances. 

3.  Department  of  public  safety. 

4.  Department  of  streets  and  public  improvements. 

5.  Department  of  parks  and  public  property. 

The  council  shall,  by  resolution,  determine  the  powers  and 
duties  to  be  performed  by  each  member  thereof,  and  assign 
them  to  the  appropriate  department;  shall,  by  resolution, 
prescribe  the  powers  and  duties  of  all  officers  and  em- 
ployees ;  may  assign  particular  officers  and  employees  to  one 
or  more  of  the  departments ;  may  require  an  officer  or  em- 
ployee to  perform  duties  in  two  or  more  departments ;  and 
may  make  such  other  rules  and  regulations,  or  change  such 
rules  and  regulations,  as  may  be  necessary  or  proper  for  the 
efficient  and  economical  conduct  of  the  business  of  the  city. 

Hist.     C.  L.  162:46;  '11,  c.  82,  Sec.  11,  p.  296. 

Cited:  (In  dis.  op.)  Swain  v.  Fritchman  (1912)  21  I.  783,  125 
P.  319. 

Except  as  hereinafter  provided:  This  is  an  absolute  exception, 
making  the  provisions  of  this  law  exclusive.  Hodges  vs.  Tucker, 
(1914)  25  I.  563,  138  P.  1139. 

SEC.  4218.  Same :  Superintendents.  The  mayor  shall  be 
superintendent  of  the  department  of  public  affairs  and  the 
council  shall,  at  the  first  regular  meeting  after  election  of  its 
members,  designate,  by  majority  vote,  one  councilman  to  be 
superintendent  of  the  department  of  accounts  and  finances ; 
one  to  be  superintendent  of  the  department  of  public  safety ; 
one  to  be  superintendent  of  the  department  of  streets  and 
public  improvements ;  one  to  be  superintendent  of  parks  and 
public  property.  After  said  designation  has  been  made,  the 
council  shall  pass  a  resolution  embodying  said  designation, 
which  shall  be  copied  in  full  in  the  minutes  of  the  council 
and  shall  be  kept  on  file  in  the  city  clerk's  office  for  inspec- 
tion; but  such  designation  may  be  changed  by  the  council 
by  resolution  whenever  it  appears  that  the  public  service 
will  be  benefited  thereby. 

Hist.     C.  L.  162:47;  ;11,  c.  82,  part  of  Sec.  12,  p.  296. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  145 

SEC.  4219.  Appointive  officers.  The  council  shall,  at  said 
first  meeting,  or  as  soon  thereafter  as  practicable,  elect  by 
majority  vote  so  many  of  the  following  officers  as  it  may 
deem  necessary  for  such  duty :  A  city  clerk,  city  attorney, 
city  assessor,  city  treasurer,  city  auditor,  city  engineer,  city 
physician,  chief  of  police,  chief  of  fire  department,  street 
commissioner,  library  trustees,  and  such  other  officers  and 
assistants  as  shall  be  provided  for  by  ordinance  when 
deemed  necessary  to  the  proper  and  efficient  conduct  of  af- 
fairs of  the  city;  and  shall  appoint  a  police  judge,  or  may 
provide,  by  ordinance,  that  some  other  officer,  to  be  desig- 
nated, shall  act  as  police  judge:  Provided,  however,  That 
before  any  officer,  or  assistant  to  any  such  officer,  shall  enter 
upon  his  duties  in  such  office,  or  be  entitled  to  any  pay  for 
service  performed,  the  city  council  shall,  by  resolution,  duly 
passed  and  approved  and  placed  on  file,  provide  the  com- 
pensation to  be  paid  for  such  officer  or  appointee,  and  be- 
fore either  such  officer,  or  appointee,  shall  enter  upon  his 
or  her  duty  as  such  officer,  and  before  he  or  she  shall  be 
entitled  to  receive  any  pay  for  services  performed  as  such 
officer,  such  officer  or  appointee  shall  sign  a  statement  to  the 
effect  that  he  accepts  the  office  for  the  compensation  pro- 
vided in  said  resolution,  and  said  statement  shall  be  made 
a  part  of  the  minutes  of  the  council  and  shall  be  kept  on 
file  in  the  city  clerk's  office.  Any  officer,  or  assistant,  elect- 
ed or  appointed  by  the  council,  may  be  removed  from  office 
at  any  time  by  a  vote  of  a  majority  of  the  members  of  the 
council,  except  as  otherwise  provided  for  in  this  chapter. 

Hist.     C.  L.  162:48;  '11,  c.  82,  part  of  Sec.  12,  p.  296. 

SEC.  4220.  Same:  Removal  and  change.  The  council  has 
the  power,  from  time  to  time,  to  create,  fill  and  discontinue 
appointive  offices  and  employments,  whether  prescribed 
herein  or  not,  according  to  their  judgment  of  the  needs  of 
the  city,  and  may,  by  majority  vote  of  all  the  members  of 
the  council,  by  resolution,  remove  any  such  appointive  offi- 
cer or  employee,  except  as  otherwise  provided  for  in  this 
chapter.  It  may,  by  resolution,  or  otherwise,  prescribe,  limit 
or  change  the  compensation  of  such  officer,  or  employee,  pro- 
vided the  same  be  done  by  resolution,  duly  passed  and  ap- 
proved by  the  council ;  and.  Provided,  That  all  officers  and 
employees  affected  by  such  change  shall  resign  before  such 
change  takes  effect  and  file  the  statement  as  above  required 
for  new  appointees :  Provided,  further,  Theat  when  any  ap- 
pointive officer  or  any  office  provided  or  created  by  the 
council  shall  be  discontinued  by  the  council,  as  herein  pro- 


146  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

vided,  then  the  person  holding  such  office,  is  by  such  dis- 
continuance, discharged  from  said  office. 

Hist.     C.  L.  162:49;  '11,  c.  82,  Sec.  13,  p.  297. 

SEC.  4221.  Offices  and  office  hours.  The  mayor  and  coun- 
cil shall  have  a  regular  office  in  the  city,  which,  in  cities 
having  a  city  hall,  shall  be  at  the  city  hall;  and  the  mayor 
and  council  shall  designate,  by  resolution,  the  hours  and 
dates  that  they  shall  be  in  their  said  office,  and  after  such 
designation  shall  have  been  made,  it  shall  be  the  duty  of  the 
mayor  and  councilmen  to  be  at  their  respective  offices  at  said 
times :  Provided,  however,  That  the  council  may,  by  resolu- 
tion, change  said  date  and  said  hours  when  deemed  expedi- 
ent, provided  such  resolution  shall  be  passed  at  a  regular 
meeting  of  the  city  council,  or  at  a  special  meeting  in  which 
notice  thereof  is  given. 

Hist.     C.  L.  162:50;  '11,  c.  82,  Sec.  14,  p.  297. 

SEC.  4222.  Salaries  of  mayor  and  council.  The  total  com- 
pensation of  the  mayor  and  councilman  shall  be  as  follows : 

In  cities  having  by  the  last  preceding  state  or  national 
census,  a  population  of  2500  and  less  than  7000,  the  mayor's 
annual  salary  shall  be  $300  and  each  councilman's  annual 
salary  shall  be  $150. 

In  cities  having,  by  such  census,  a  population  of  7000  and 
less  than  10,000,  the  mayor's  annual  salary  shall  be  $600, 
and  the  annual  salary  of  each  councilman  shall  be  $450. 

In  cities  having,  by  such  census,  a  population  of  10,000 
and  less  than  15,000,  the  mayor's  annual  salary  shall  be 
$1200,  and  the  annual  salary  of  each  councilman  shall  be 
$900. 

In  cities  having,  by  such  census,  a  population  of  15,000, 
and  less  than  25,000,  the  mayor's  annual  salary  shall  be 
$1800,  and  the  annual  salary  of  each  councilman  shall  be 
$1200. 

In  cities  having,  by  such  census,  a  population  of  25,000 
and  less  than  40,000,  the  mayor's  annual  salary  shall  be 
$8000,  and  the  annual  salary  of  each  councilman  shall  be 
$2000. 

Such  salaries  shall  be  payable  in  equal  monthly  instal- 
ments :  Provided,  That  the  above  salaries  may  be  increased 
or  decreased  at  any  time  by  means  of  the  initiative  power  in 
this  chapter  conferred. 

Hist.  C.  L.  162:51;  '11,  c.  82,  Sec.  15,  p.  298;  in  last  proviso  the 
phrase  "in  any  city  which  had  adopted  the  provisions  of  the  act"  omit- 
ted. The  omission  makes  the  meaning  clear  and  unambiguous. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  147 

SEC.  4223.  Salaries  of  appointive  officers.  Every  other 
officer,  appointee  or  assistant  and  all  other  employees  of  such 
city  shall  receive  such  salary  as  the  council  shall,  by  ordi- 
nance, provide,  payable  in  equal  monthly  installments,  or  at 
such  shorter  periods  as  the  council  shall  determine:  Pro- 
vided, That  when  any  officer  or  employee  of  such  city,  so 
appointed,  shall  cease  his  employment  in  the  city  for  any 
cause,  he  shall  then  be  entitled  to  receive  the  compensation 
due  him  at  the  time  of  his  ceasing  his  employment  as  soon  as 
the  amount  thereof  be  determined,  whether  it  be  at  a  regu- 
lar paying  period  or  not. 

Hist.     C.  L.  162:52;  '11,  c.  82,  Sec.  16,  p.  298. 

SEC.  4224.  Meetings  of  council.  Regular  meetings  of  the 
council  shall  be  held  on  the  first  Monday  after  the  election 
of  the  mayor  and  council,  and  thereafter  at  least  twice  each 
month.  The  council  shall  provide  by  ordinance  for  the  time 
of  holding  regular  meetings ;  a  special  meeting  may  be  called 
at  any  time  by  the  mayor  or  two  councilmen.  All  meetings 
of  the  council  whether  regular  or  special  shall  be  open  to 
the  public  and  at  the  regular  place  designated  for  all  coun- 
cil meetings. 

Hist.     C.  L.  162:53;  '11,  c.  82,  See.  17,  p.  298,  and  last  sentence 
of  Sec.  18,  p.  299. 

Cited:     (In  dis.  op.)   Swain  v.  Fritchman  (1912)  21  L,  783,  808, 
12;:  p.  319. 

SEC.  4225.  Call  for  special  meetings.  The  call  for  all  spe- 
cial meetings  shall  state  therein  the  object  and  purposes  of 
such  meetings,  and  no  other  business  shall  be  transacted  at 
such  meeting.  The  notice  of  the  call  for  any  special  meeting 
shall  be  served  on  each  member  of  the  council  not  less  than 
three  hours  before  the  time  set  for  holding  such  meetings, 
and  such  notice  shall  be  served  by  some  member  of  the  police 
force  or  some  other  suitable  person,  and  a  return  thereof 
made,  showing  that  service  was  made,  by  delivering  a  copy 
personally  to  the  member,  or  by  leaving  a  copy  thereof  at  his 
regular  place  of  business  during  business  hours,  or  by  leav- 
ing the  same  at  his  residence. 

Hist.     C.  L.  162:54:  '11,  c.  82,  Sec.  18,  p.  299;  last  sentence  trans- 
posed to  preceding  section. 

SEC.  4226.  Duties  of  mayor :  Executive  duties.  The  may- 
or shall  be  the  president  of  the  council,  and  shall  preside  at 
its  meetings,  and  shall  supervise  and  be  charged  with  gen- 
eral oversight  over  all  departments  of  the  municipal  gov- 


148  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

ernment,  and  shall  report  to  the  council  for  its  action  all 
matters  requiring  attenion  in  either.  The  mayor,  or  acting 
mayor,  or  in  the  mayor's  absence  or  disability,  or  in  case  of 
vacancy  in  that  office,  shall  execute  all  contracts  for  and  on 
behalf  of  such  city,  and  every  contract  shall  be  signed  by 
him  and  attested  by  the  city  clerk  under  the  seal  of  the  city 
before  the  city  shall  be  liable  thereon. 

The  mayor  shall  be  active  and  vigilant  in  requiring  any 
officer  of  the  city  to  exhibit  his  accounts  or  other  papers,  and 
make  reports  to  the  council,  in  writing,  touching  any  sub- 
ject or  matter  pertaining  to  said  officer,  whenever  he  may 
deem  it  necessary. 

The  mayor  shall  be  active  and  vigilant  in  enforcing  all 
laws  and  ordinances  for  the  government  of  the  city,  and  he 
shall  cause  all  subordinate  officers  to  be  dealt  with  promptly 
for  any  neglect  or  violation  of  duty. 

The  mayor  is  hereby  authorized  to  call  on  every  male  in- 
habitant of  the  city  over  1 8  and  under  50  years  of  age  to  aid 
in  enforcing  all  laws  and  ordinances  of  the  city,  and,  in 
cases  of  necessity,  to  call  out  the  militia  within  the  city  to 
aid  in  the  suppression  of  any  riot  or  unlawful  assembly  or 
in  the  enforcement  of  any  ordinance;  and  any  person  who 
shall  not  obey  such  call  shall  forfeit  to  the  city  a  sum  not 
exceeding  $100,  which  shall  be  recovered  in  an  action  in  the 
name  of  the  city  in  any  court  of  competent  jurisdiction. 

Hist.     C.  L.  162:55;  '11,  c.  82,  Sec.  19,  p.  299. 

Status  of  mayor:  Under  this  law  the  mayor  is  mayor  in  name 
only.  He  is,  as  a  matter  of  fact,  only  one  of  five  councilmen.  (Dis. 
op.)  Hodges  v.  Lemp  (1913)  24  I.  399,  415,  135  P.  250. 

SEC.  4227.  Same :  Supervision  of  public  utilities.  The 
mayor  shall  be  charged  with  the  general  supervision  of  all 
public  utility  companies,  in  so  far  as  they  are  subject  to  mu- 
nicipal control;  he  shall  keep  himself  fully  informed  as  to 
their  compliance  in  all  respects  with  the  law,  and  he  shall 
see  that  all  franchises  and  contracts  with  such  public  utility 
companies  are  faithfully  observed. 

The  mayor  shall  cause  to  be  instituted  such  actions  or  pro- 
ceedings as  may  be  necessary  to  prosecute  public  utility  com- 
panies for  violation  of  the  law,  franchises,  or  contracts,  and 
to  revoke,  cancel,  or  annul  all  franchises  that  may  have  been 
granted  by  the  city  to  any  person,  firm  or  corporation, 
which  have  become  forfeitable  in  whole  or  in  part,  or  which, 
for  any  reason,  are  illegal  or  void,  and  not  binding  upon  the 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  149 

city.  The  city  attorney,  on  demand  of  the  mayor,  or  on  de- 
mand of  the  majority  of  the  other  members  of  the  council, 
must  institute  and  prosecute  the  necessary  proceedings  to 
enforce  the  provisions  of  this  section. 

Hist      C.  L.  162:56;  '11,  c.  82,  Sec.  20,  p.  299,  and  part  of  Sec. 
21,  p.  300. 

SEC.  4228.  Same :  Miscellaneous  duties.  The  mayor  shall 
exercise  such  other  powers  and  perform  such  other  duties 
as  may  be  prescribed  by  law  and  ordinance. 

Hist.     C.  L.  162:57;  5llr  c.  82.  part  of  Sec.  21,  p.  300. 

SEC.  4229.  Acting  Mayor.  The  superintendent  of  ac- 
counts and  finance  shall  be  vice  president  of  the  council,  and 
in  case  of  vacancy  in  the  office  of  mayor,  or  the  absence  or 
inability  of  the  mayor,  shall  perform  the  duties  of  the  mayor 
and  be  known  as  acting  mayor. 

Hist.     C.  L.  162:58;  '11,  c.  82,  part  of  Sec.  21,  300. 

SEC.  4230.  City  officers  not  to  be  interested  in  city  con- 
tracts. No  officer  or  employee,  elected  or  appointed  in  any 
such  city,  shall  be  interested,  directly  or  indirectly,  in  any 
contract  or  job  for  work  or  materials,  or  the  profits  thereof, 
or  services  to  be  furnished  or  performed  for  the  city ;  and 
no  such  officer  or  employee  shall  be  interested,  directly  or 
indirectly,  in  any  contract  or  job,  for  work  or  materials,  or 
the  profits  thereof,  or  services  to  be  furnished  or  performed 
for  any  person,  firm,  or  corporation  operating  any  interur- 
ban  railway,  street  railway,  gas  works,  waterworks,  electric 
light  or  power  plant,  heating  plant,  telegraph  line,  telephone 
exchange  or  other  public  utility  within  the  territorial  limits 
of  said  city. 

Hist.     C.  L.  162:59;  '11,  c.  82,  part  of  Sec.  22,  p.  300. 

SEC.  4231.  Coimcilmen  prohibited  from  voting  on  certain 
franchises.  No  councilman  shall  vote  upon  any  ordinance 
granting  a  franchise  to  any  company,  firm  or  corporation  of 
which  he  is  a  member,  officer  or  a  stockholder,  and,  if  he 
does  so  such  ordinance  shall  be  void. 

Hist.     C.  L.  162:60;  '11,  c.  82,  part  of  Sec.  22,  p.  300. 

SEC.  4232.  Officers  prohibited  from  using  free  privileges. 
No  other  officer  or  employee  shall  accept  or  receive,  direct- 
ly or  indirectly,  from  any  person,  firm  or  corporation  oper- 
ating within  the  territorial  limits  of  said  city  any  interur- 
ban  railway,  street  railway,  gas  works,  waterworks,  elec- 


150  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

trie  light  or  power  plant,  heating  plant,  telegraph  line  or 
telephone  exchange,  or  other  business  using  or  operating 
under  a  public  franchise,  any  frank,  free  ticket,  or  free  serv- 
ice, or  accept  or  receive,  directly  or  indirectly,  from  any 
such  person,  firm  or  corporation  any  other  service  upon 
terms  more  favorable  than  are  granted  to  the  public  gener- 
ally. Any  violations  of  the  provisions  of  this  section  shall 
be  a  misdemeanor  and  every  such  contract  or  agreement 
shall  be  void. 

Such  prohibition  of  a  free  transportation  shall  not  apply 
to  policemen  or  firemen  in  uniform ;  nor  shall  any  free  serv- 
ice to  city  officials,  heretofore  provided  by  any  franchise 
or  ordinance,  be  affected  by  this  section. 

Hist.     C.  L.  162:61;  '11,  c.  82,  part  of  Sec.  22,  p.  300. 

SEC.  4233.  Corruption  a  misdemeanor.  Any  officer  or 
employee  of  such  city,  who,  by  solicitation  or  otherwise, 
shall  exert  his  influence,  directly  or  indirectly,  to  influence 
other  officers  or  employees  of  such  city  to  adopt  his  politi- 
cal views  or  to  favor  any  particular  officer  or  candidate  for 
office,  or  who  shall,  in  any  manner,  contribute  money,  labor 
or  other  valuable  thing  to  any  person  for  election  purposes, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  of  not  exceeding  $300,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  30  days. 

Hist.     C.  L.  162:62;  '11,  c.  82,  part  of  Sec.  22,  p.  301. 

ARTICLE  IV. 

INITIATIVE  AND  REFERENDUM. 

Cited:     Perrault  v.  Robinson  (1916)  29  I.  267,  158  P.  1074. 

SEC.  4234.  Direct  legislation  authorized.  The  people  of 
such  city,  in  addition  to  the  method  of  legislation,  hereinbe- 
fore provided,  shall  have  power  of  direct  legislation  by  the 
initiative  and  the  referendum. 

Hist.     C.  L.  162:63;  '11,  c.  82,  Sec.  23,  p.  301. 

SEC.  4235.  Initiative :  Hoiv  exercised.  The  initiative  shall 
be  exercised  in  the  manner  prescribed  in  the  following  sec- 
tions, 4236  to  4241,  inclusive. 

Hist.  C.  L.  162:64;  '11,  c.  82,  Sec.  24,  p.  301;  phraseology  slight- 
ly changed. 

Cross  ref.  Express  reference  to  this  section:  Compulsory  refer- 
endum; 42-42. 

Cited:  (In  dis.  op.)  Swain  v.  Fritchman  (1912)  21  I.  783,  809, 
125  P.  319. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  151 

SEC.  4236.  Same :  Petition.  A  petition  signed  by  quali- 
fied electors  of  the  city,  accompanied  by  the  proposed  legis- 
lation or  measure  in  the  form  of  a  proposed  ordinance,  and 
requesting  that  such  ordinance  be  submitted  to  a  vote  of 
the  people  if  not  passed  by  the  council,  shall  be  filed  with 
the  clerk. 

Hist.     C.  L.  162:65;  '11,  c.  82,  part  of  Sec.  24a,  p.  301. 

SEC.  4237.  Form  of  Petition.  Such  petitions  shall  be 
substantially  as  follows : 

We,  the  undersigned,  being  qualified  electors  of  the 

city  of ,  state  of  Idaho,  hereby  declare 

that  we  have  read,  or  heard  read  at  length,  section  by 
section,  the  proposed  ordinance  or  measure  hereto  at- 
tached, and  fully  understand  its  contents,  meaning  and 
believe  it  should  become  a  law  of  the  city  for  the  fol- 
lowing reasons:  (here  state  the  reasons  in  not  more 
than  200  words) .  That  we  hereby  request  that  such 
ordinance  or  measure  be  submitted  to  a  vote  of  the  peo- 
ple if  not  passed  by  the  council. 

(Signed) _ 

Street  and  No 

Hist.     C.  L.  162:66;  '11,  c.  82,  part  of  Sec.  24a,  p.  301. 

SEC.  4238.  Regulations  concerning  initiative  petition. 
Any  number  of  copies  of  the  petition  and  ordinance  thereto 
attached  may  be  circulated  at  the  same  time  and  all  shall  be 
considered  as  one  petition,  but  each  petition  must  be  veri- 
fied by  at  least  one  qualified  elector,  which  verification  shall 
state  that  affiant  knows  that  all  of  the  persons  whose  names 
are  signed  to  the  petition  are  qualified  electors  of  the  city, 
and  that  each  signer,  prior  to  placing  his  name  upon  the  pe- 
tition, read,  or  heard  read  at  length,  section  by  section,  the 
proposed  ordinance  or  measure  thereto  attached.  Such 
verification  may  be  made  before  any  notary  public. 

Hist.     C.  L.  162:67;  '11,  c.  82,  part  of  Sec.  24a,  p.  301. 

SEC.  4239.  Correction  of  petition:  Submission  to  council. 
Within  10  days  from  date  of  filing  such  petition,  the  city 
clerk  shall  examine  and  from  the  voters  registered  ascertain 
whether  or  not  said  petition  is  signed  by  the  requisite  num- 
ber of  qualified  electors,  and  if  necessary,  the  council  shall 
allow  him  extra  help  for  that  purpose;  and  he  shall  attach 
to  the  said  petition  his  certificate  showing  the  result  of  said 


152  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

examination.  If  there  is  any  doubt  in  the  mind  of  the  clerk 
as  to  the  sufficiency  form  or  legality  of  the  proposed  meas- 
ure or  ordinance,  said  clerk  shall  forthwith  take  it  to  the 
city  attorney,  who  shall,  within  two  days,  transmit  to  the 
clerk  a  written  opinion  on  the  same,  and  if  such  opinion  is 
adverse,  he  shall  set  forth  therein  the  reasons  and  neces- 
sary changes  to  be  made  to  make  it  proper  and  legal  in  form. 
If,  by  the  clerk's  certificate,  the  petition  is  shown  to  be  in- 
sufficient, it  may  be  amended  within  10  days  from  the  date 
of  said  certificate,  and  it  shall  be  the  duty  of  the  clerk  to 
notify  at  once,  in  writing,  the  person  presenting  the  peti- 
tion and  ordinance  of  its  or  their  insufficiency.  If  amended 
within  said  time,  the  clerk  shall,  within  10  days  after  such 
amendment,  make  like  examination  of  the  amended  petition, 
and  if  his  certificate  shall  show  the  same  to  be  insufficient, 
it  shall  be  returned  to  the  person  filing  the  same,  without 
prejudice,  however,  to  the  filing  of  a  new  petition  to  the 
same  effect.  If  the  petition,  or  amended  petition,  shall  be 
deemed  sufficient,  the  clerk  shall  submit  the  same  to  the 
council  at  its  next  regular  meeting. 

Hist.     C.  L.  162:68;  '11,  c.  82,  part  of  Sec.  24a,  p.  302. 

SEC.  4240.  Duty  of  council  on  large  petition.  If  such  peti- 
tion is  sismed  by  qualified  electors  equal  to  25  per  centum 
of  the  total  number  of  votes  cast  for  mayor  at  the  last  pre- 
ceding sreneral  municipal  election,  the  council,  within  20 
days  after  the  attachment  of  the  clerk's  certificate  to  the 
accompanying  petition,  except  as  otherwise  provided  in  this 
chapter,  shall  either  pass  such  ordinance  without  alteration 
or  call  a  special  election  and  submit  it  to  popular  vote  at 
such  special  election,  which  must  be  held  within  40  days 
after  the  date  of  the  ordering  thereof :  Provided,  however, 
That,  if  anv  other  municipal  election  is  to  be  held  within  90 
days  after  the  filing  of  the  petition,  said  proposed  ordinance 
shall  be  submitted  without  alteration  to  be  voted  upon  at 
such  other  election. 

Hist.     C.  L.  162:69;  '11,  c.  82,  Sec.  24b,  p.  302. 


SEC.  4241.  Duty  of  council  on  small  petition.  If  such  pe- 
tition is  signed  by  qualified  electors  in  number  equal  to  10 
and  less  than  25  per  centum  of  the  total  number  of  votes 
cast  for  mayor  at  the  last  preceding  general  municipal  elec- 
tion and  the  said  proposed  ordinance  is  not  passed  by  the 
council  without  alteration,  before  the  commencing  of  publi- 
cation of  notice  of  the  next  municipal  election,  it  shall  be 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  153 

submitted  to  popular  vote  at  such  election :  Provided,  hoiv- 
ever,  That  such  petition  must  be  filed  at  least  30  days  before 
the  date  fixed  for  such  election.  . 

Hint.     C.  L.  162:70;  '11,  c.  82,  Sec.  24c,  p.  303. 


SEC.  4242.  Compulsory  referendum.  If,  prior  to  the  date 
when  any  ordinance  shall  take  effect,  a  petition,  which  pe- 
tion  and  its  requirements  shall  be  substantially  as  required 
by  the  provisions  of  sections  4235  to  4239  of  this  chapter, 
with  the  necessary  changes  made  therein  to  meet  the  needs 
of  this  section,  signed  by  qualified  electors  equal  in  number 
to  25  per  centum  of  the  entire  vote  cast  for  mayor  at  the 
last  preceding  general  municipal  election,  shall  be  filed  with 
the  clerk  protesting  against  the  enactment  of  such  ordi- 
nance, it  shall,  by  the  filing  of  such  petition,  be  suspended 
from  taking  effect.  Immediately  upon  the  filing  of  petition 
the  clerk  shall  certify  the  number  of  votes  cast  for  mayor  at 
the  last  preceding  general  municipal  election,  and  the  num- 
ber of  signers  of  such  petition,  and  shall  present  such  cer- 
tificate, petition  and  proposed  ordinance  to  the  council  at 
its  next  meeting.  Thereupon  the  council  shall  immediately 
reconsider  such  ordinance,  and,  if  it  do  not  entirely  repeal 
the  same,  shall  submit  it  to  popular  vote  at  the  next  munic- 
ipal election :  the  council,  in  its  discretion,  may  call  a  special 
election  for  that  purpose ;  and  such  ordinance  shall  not  take 
effect  unless  the  maioritv  of  the  qualified  electors  voting 
thereon  at  such  election  shall  vote  in  favor  thereof. 

Hist.  C.  L.  162:71;  '11,  c.  82.  Sec.  25,  p.  303;  reference  to  "sec- 
tion 17"  of  original  act  was  clearly  an  error  for  "section  24"  See  dis. 
op.  of  Sullivan,  J.,  S\vain  v.  Fritchman  (1911)  21  L.  783,  808,  125  P. 
319.  The  reference  has  been  changed  to  "sections  4235  to  4239  of  this 
chapter,"  the  present  designations  of  that  portion  of  section  24  of  the 
original  act  to  which  reference  was  intended. 

Court  remedies  against  council:  The  council  may  be  compelled  in 
a  proper  case  by  mandamus  to  hold  a  referendum  election  and  may  be 
restrained  by  writ  of  prohibition  from  holding  an  unauthorized  elec- 
tion. (Budge,  J.,  dissents).  Perrault  v.  Robison(  1916)  29  I.  267,  158 
P.  1074. 

Ordinances  not  subject  to  referendum:  Ordinances  making  the 
tax  levy  and  appropriations.  4296,  are  not  subject  to  the  referendum 
provisions  of  this  and  the  following  section.  (Sullivan,  J.,  dissents) 
Swain  v.  Fritchman  (1912)  21  I.  783,  125  P.  319. 

\Vhen  the  council  has  acted  upon  a  petition  under  Sec.  6825,  re- 
lating to  opening  of  shows  on  Sunday,  by  the  passage  of  an  appro- 
priate ordinance,  the  referendum  provision  of  the  commission  form  of 
government  law  does  not  apply  thereto.  Perrault  v.  Robinson  (1916) 
29  I.  267,  158  P.  1074. 


154  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  4243.  Voluntary  referendum.  The  council,  of  its 
own  motion,  may  submit  to  popular  vote,  for  adoption  or  re- 
jection, at  any  election  any  proposed  ordinance  or  measure 
in  the  same  manner  and  with  the  same  force  and  effect  as 
provided  in  this  chapter  for  their  submission  on  petition. 

Hist.     C.  L.  162:72;  '11,  c.  82,  Sec.  26,  p.  303. 

Cross  ref.    See  preceding  section  and  its  annotations. 

SEC.  4244.  Form  of  ballots.  The  ballots  used  when  vot- 
ing upon  such  proposed  and  referred  ordinances  or  meas- 
ures shall  be  as  above  provided  in  this  chapter  for  voting 
upon  ordinances  or  measures. 

Hist.     C.  L.  162:73;  '11,  c.  82,  Sec.  27,  p.  303. 

SEC.  4245.  Notice  of  election.  The  clerk  shall  publish 
every  proposed  or  referred  ordinance  at  least  twice  in  the 
official  newspapers  of  such  city  before  the  date  of  the  elec- 
tion at  which  such  proposition  or  ordinance  is  to  be  voted 
upon;  and  shall  give  such  other  notices  and  do  such  other 
things  relative  to  such  election  as  are  required  by  the  pro- 
visions of  this  chapter,  and  by  law,  for  general  municipal 
elections. 

Hist.     C.  L.  162:74;  '11,  c.  82,  Sec.  28,  p.  303. 

SEC.  4246.  Majority  vote  effective.  If  a  majority  of  the 
electors  of  such  city,  voting  on  any  proposed  ordinance  or 
measure,  shall  vote  in  favor  thereof,  the  same  shall  thereup- 
on, or  at  the  time  fixed  therein,  become  effective  as  a  law 
of  the  city,  or  as  a  mandatory  order  to  the  council. 

Hist.     C.  L.  162:75;  '11;  c.  82,  Sec.  29,  p.  304. 

SEC.  4247.  When  plurality  vote  decisive.  If  the  provis- 
ions of  two  or  more  ordinances  approved  at  the  same  elec- 
tion are  inconsistent,  the  ordinance  receiving  the  highest 
vote  shall  prevail. 

Hist.     C.  L.  162:76;  '11,  c.  82,  Sec.  30,  p.  304. 

SEC.  4248.  Direct  legislation  necessary  to  repeal.  No 
ordinance  which  has  been  adopted  by  popular  vote,  under 
the  provisions  of  this  chapter,  shall  be  repealed  or  amended, 
except  by  popular  vote  upon  the  same. 

Hist.     C.  L.  162:77;  '11,  c.  82,  Sec.  31,  p.  304. 

SEC.  4249.  More  than  one  question  submitted:  Prohibi- 
tion on  time  of  election.  Any  number  of  proposed  ordi- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  155 

nances  may  be  voted  upon  at  the  same  election  in  accord- 
ance with  the  provisions  of  this  chapter,  but  there  shall  not 
be  held,  under  the  initiative  and  referendum  herein  pro- 
vided for,  more  than  one  special  election  in  any  period  of 
six  months  for  such  purpose. 

Hist.     C.  L.  162:78;  '11,  c.  82,  Sec.  32,  p.  304. 

SEC.  4250.  Additional  regulations  by  council.  The  coun- 
cil, by  ordinance,  may  make  other  and  further  regulations 
to  carry  out  provisions  of  this  chapter,  not  inconsistent 
herewith. 

Hist.     C.  L.  162:79;  '11,  c.  82,  Sec.  33,  p.  304. 

ARTICLE  V. 

RECALL. 

Comp.  leg.  Similar  laws  in  other  states.  Hodges  v.  Tucker, 
(1914)  25  I.  563,  576,  138  P.  1139. 

Recall  exclusive  remedy  for  removal  of  officer:  The  recall  of  offi- 
cers provided  by  this  article  is  exclusive  of  any  other  remedy  provided 
prior  to  its  enactment.  Hodges  v.  Tucker  (1914)  25  I.  563,  138  P.  1139. 

This  law  supersedes  or  suspends  Sec.  7459  providing  summary 
proceedings  for  removal  of  officers.  Ib. 

SEC.  4251.  Recall  authorized.  The  holder  of  any  elective 
office,  whether  elected  or  appointed  thereto,  may  be  re- 
moved therefrom  by  recall:  Provided,  That  no  recall  peti- 
tion shall  be  filed  against  any  officer  until  he  has  actually 
held  his  office  for  at  least  three  months. 
Hist.  C.  L.  162:80;  '11,  c.  82,  Sec.  34,  p.  304. 

SEC.  4252.    Initiation  of  recall.   The  recall  shall  be  insti- 
tuted by  filing  with  the  clerk  a  verified,  written  petition  re- 
questing such  removal,  signed  by  qualified  electors  of  the 
city,  and  stating  the  residence  of  each  signer  thereto. 
Hist.     C.  L.  162:81;  '11,  c.  82,  Sec.  35,  p.  304. 

SEC.  4253.    Form  of  recall  petition.    The  form  and  con- 
tents of  the  petition  shall  be  substantially  as  follows: 
To  the  council  of : 

We,  the  signers  hereto,  qualified  electors  of  the  city  of 

,  request  the  removal  of  (name  of  incumbent  of 

elective  office  sought  to  be  removed  to  be  inserted)  from  the 
office  of  (name  of  office  to  be  inserted).  (Here  there  shall 
be  inserted  in  not  more  than  200  words  the  reasons  for  de- 
manding the  recall  of  the  officer.) 

Name  .  Residence   (street  and  number). 


156  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

State  of  Idaho, 

County  of ss* 

(Name  of  petitioner  to  be  inserted  here.) 

,  being  first  duly  sworn,  says  that  he  is 

one  of  the  signers  of  the  foregoing  petition ;  that  the  state- 
ments made  therein  are  true,  and  that  each  signature  ap- 
pended thereto  is  the  genuine  signature  of  the  person  whose 
name  it  purports  to  be,  as  he  verily  believes. 

(Petitioner  sign  here.) 

Subscribed  and  sworn  to  before  me  this day 

of ,  19 

Notary  public,  residing  at ,  Idaho. 

Hist.     C.  L.  162:82;  '11,  c.  82,  Sec.  36,  p.  304. 

SEC.  4254.  Regulations  concerning  recall  petition.  The 
petition  may  consist  of  one  or  more  papers  circulated  sepa- 
rately, and  the  signatures  thereto  may  be  upon  the  paper  or 
papers  containing  the  formal  petition,  or  upon  other  papers 
attached  thereto.  The  verification  may  be  made  by  one  or 
more  petitioners,  and  the  several  parts  of  the  petition  may 
be  verified  separately  and  by  different  persons.  All  papers 
and  documents  comprising  a  single  petition  shall  be  filed 
with  the  clerk  on  the  same  day,  and  the  clerk  shall  notify 
immediately,  in  writing,  the  officer  sought  to  be  removed. 
Hist.  C.  L.  162:83;  '11,  c.  82,  Sec.  37,  p.  305. 

SEC.  4255.  Incumbent's  objection  to  sufficiency.  Within 
10  days  after  the  filing  of  the  petition,  the  incumbent  whose 
removal  was  requested  shall  file,  in  writing,  with  the  clerk 
his  objections,  if  any,  to  the  sufficiency  of  such  petition,  and 
he  can  not  thereafter  contest  its  sufficiency  upon  any  objec- 
tion not  so  filed.  Such  objection  shall  be  specific,  and  shall 
set  forth  the  reasons  for  each  objection,  and  no  general 
objection  to  the  qualifications  of  the  signers  of  such  peti- 
tion shall  be  sufficient.  If  the  result  of  the  election  be  ad- 
verse to  the  incumbent,  all  defects  in  the  petition  shall  be 
cured  thereby. 

Hist.     C.  L.  162:84;  '11,  c.  82,  Sec.  38,  p.  305. 

SEC.  4256.  Presentation  of  petition  to  council.  Within 
two  days  after  date  of  filing  of  the  petition,  the  clerk  shall 
certify  the  number  of  votes  cast  for  mayor  at  the  last  gen- 
eral municipal  election,  and  the  number  of  signers  to  such 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  157 

petition,  and  present  such  petition  and  certificate  to  the 
council  at  its  next  regular  meeting-. 

Hixt.     C.  L.  162:85;  '11,  c.  82,  Sec.  39,  p.  305. 

SEC.  4257.  Amendment  of  petition.  If  the  petition  be  in- 
sufficient in  any  respect  it  may  be  withdrawn  by  the  person 
filing  it,  and  amended  as  many  times  as  desired,  within 
40  days  of  the  original  filing.  The  duty  of  the  clerk  shall  be 
the  same  with  respect  to  any  amended  petition  as  upon  the 
original  petition. 

Hist.     C.  L.  162:86;  '11,  c.  82,  Sec.  40,  p.  305. 

SEC.  4258.  Duty  of  council  on  large  petition.  Special  re- 
call election.  If  a  petition  be  signed  by  qualified  electors  in 
number  equal  to  35  per  centum  of  the  total  number  of  votes 
cast  for  mayor  at  the  last  preceding  general  municipal  elec- 
tion, the  council  within  seven  days  after  the  final  certifica- 
tion by  the  clerk,  unless  the  incumbent  sought  to  be  removed 
resign  within  five  days  after  such  final  certifications,  shall 
order  a  special  election  to  be  held  on  a  date  fixed  in  such  or- 
der, not  less  than  40  days,  nor  more  than  50  days  from  the 
date  of  such  final  certification :  Provided,  That  if  any 
other  municipal  election  is  appointed  to  be  held  within  90 
days  from  said  final  certification,  the  recall  election  shall 
be  held  at  the  same  time  as  such  other  election. 

Hist.     C.  L.  162:87;   '11,  c.  82,  Sec.  41,  p.  306. 

SEC.  4259.  Duty  of  council  on  small  petition.  If  the  peti- 
tion is  signed  by  qualified  electors  in  number  equal  to  20 
per  centum  and  less  than  35  per  centum  of  the  total  number 
of  votes  cast  at  the  last  preceding  general  municipal  elec- 
tion, the  council,  within  seven  days  after  the  final  certifica- 
tion by  the  clerk,  unless  the  incumbent  sought  to  be  removed 
resign  within  five  days  after  such  final  certification,  shall 
order  and  fix  the  election  upon  the  date  of  the  next  munici- 
pal election:  Provided,  That  not  less  than  90  days  shall 
elapse  between  the  date  of  the  final  certification  of  the  re- 
call petition  by  the  clerk  and  the  said  municipal  election. 

Hist.     C.  L.  162:88;   '11,  c.  82,  Sec.  42,  p.  306. 

SEC.  4260.  Publication  of  reasons  for  recall  and  incum- 
bent's reply.  In  the  published  call  for  any  election  at  which 
the  recall  of  any  such  officer  is  used  under  the  provisions  of 
this  chapter  there  shall  be  printed  in  not  more  than  200 
words  the  reason  for  demanding  the  recall  of  the  officer,  as 


158  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

set  forth  in  the  recall  petition,  and  in  not  more  than  200 
words  the  officer  sought  to  be  recalled  may  justify  his  course 
in  office,  provided  that  such  officer  file  with  the  mayor  such 
statement  within  two  days  after  receiving  notice  of  the  fil- 
ing of  such  recall  petition. 

Hist.     C.  L.  162:89;  '11,  c.  82,  Sec.  43,  p.  306. 

SEC.  4261.  Incumbent  a  candidate.  At  such  election  the 
incumbent  shall  be  a  candidate  without  nomination  unless 
he  file  written  notice  to  the  contrary  with  the  clerk  before 
the  ballots  are  printed. 

Hist.     C.  L.  162:90;  '11,  c.  82,  Sec.  44,  p.  306. 

SEC.  4262.  Application  of  municipal  election  laws.  The 
procedure  for  nominations  and  election  shall  be  the  same  as 
in  general  municipal  elections. 

Hist.     C.  L.  162:91;  '11,  c.  82,  Sec.  45,  p.  306. 

SEC.  4263.  Effect  of  successful  recall:  Expiration  of 
term.  If  the  incumbent  shall  not  be  reflected,  his  tenure  of 
office  shall  terminate  upon  the  determination  of  the  result 
of  the  election  by  the  canvassing  board.  His  successor  shall 
qualify  for  office  immediately,  thereafter,  and  shall  hold  of- 
fice for  the  unexpired  term. 

Hist.     C.  L.  162:92;  '11,  c.  82,  Sec.  46,  p.  306. 

SEC.  4264.  Same:  Ineligibility  of  recalled  officer.  An 
officer,  removed  from  office  by  recall  election,  or  who  shall 
resign  from  such  office  pending  recall  proceedings  against 
him,  shall  not  be  appointed  to  any  city  office  or  employment 
within  two  years  after  such  removal  or  resignation. 

Hist.     C.  L.  162:93;  '11,  c.  82,  Sec.  47,  p.  306. 

Additional  penalty:  This  section  prescribes  a  penalty  in  addition 
to  ouster.  Hodges  v.  Tucker  (1914)  25  I.  563,  138  P.  1139. 

SEC.  4265.    Joinder  in  recall....  Two  or  more  elective  offi- 
cers may  be  joined  in  one  petition  for  removal. 
Hist.     C.  L.  162:94;  '11,  c.  82,  Sec.  48,  p.  307. 

SEC.  4266.  Effect  of  vacancy  pending  election.  If  a  va- 
cancy occur  in  the  office  after  a  removal  election  has  been  or- 
dered, the  election  shall  nevertheless  be  held  as  in  this  chap- 
ter provided. 

Hist,     C.  L.  162:95;  '11,  c.  82,  Sec.  49,  307. 

SEC.  4267.  Additional  regulations  by  council.  The  coun- 
cil may,  by  ordinance,  make  such  further  regulations  as  may 
be  necessary  to  carry  out  the  provisions  of  this  chapter  rela- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  159 

tive  to  the  recall  of  an  official  or  officials. 
Hist.     C.  L.  162:95;  '11,  c.  82,  Sec.  50,  p.  307. 

ARTICLE  VII. 

MISCELLANEOUS  PROVISIONS. 

SEC.  4297.  Abandonment  of  commission  form.  Any  city 
which  shall  have  operated  for  more  than  six  years,  under 
the  provisions  of  this  chapter,  may  abandon  such  organiza- 
tion hereunder,  and  accept  the  provisions  of  the  general 
law  of  the  state  then  applicable  to  cities  of  its  population,  or 
if  now  organized  under  special  charter,  may  resume  said 
special  charter  as  follows : 

Upon  the  petition  of  not  less  than  25  per  centum  of  the 
electors  of  such  city  a  special  election  shall  be  called  at 
which  the  following  proposition  only  shall  be  submitted : 

Shall  the  city  of  (name  of  city)  abandon  its  organi- 
zation under  the  act  of  the  eleventh  session  of  the  leg- 
islature of  Idaho  and  become  a  city  under  the  general 
law  governing  cities  of  like  population,  or  if  now  or- 
ganized under  special  charter,  shall  it  resume  said  spe- 
cial charter. 

If  a  majority  of  the  votes  cast  at  such  special  election  be 
in  favor  of  such  proposition,  the  officers  elected  at  the  next 
succeeding  biennial  election  shall  be  those  then  prescribed 
by  the  general  law  of  the  state  for  cities  of  like  population, 
or  prescribed  by  special  charter  if  such  city  has  been  incor- 
porated under  special  charter  at  the  time  of  adopting  the 
provisions  of  this  chapter;  and  upon  qualification  of  such 
officers,  such  citv  shall  again  become  organized  under  such 
general  law  of  the  state,  or  special  charter,  as  the  case  mav 
be;  but  such  change  shall  not  in  any  manner  or  decree  af- 
fect the  property,  rights  or  liabilities  of  such  city,  but  shall 
merely  extend  to  such  change  in  its  form  of  government. 

The  sufficiency  of  such  petition  shall  be  determined,  the 
election  ordered  and  conducted  and  the  results  declared  gen- 
erallv  as  provided  by  the  provisions  of  this  chapter,  in  so  far 
as  the  provisions  thereof  are  applicable. 

Hist.     C.  L.  162:126;  '11,  c.  82.  Sec.  75.  p.  314. 

SEC.  4298.  Petitions:  Sinners.  Petitions  provided  for 
in  this  chapter  shall  be  signed  by  none  but  the  lee-al  voters  of 
the  city.  Each  petition  shall  contain,  in  addition  to  the 
names  of  the  petitioner's  residence,  his  age  and  length  of 


160  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

residence  in  the  city.  It  shall  also  be  accompanied  by  the 
affidavit  of  one  or  more  legal  voters  of  the  city  stating  that 
the  signers  thereof  were,  at  the  time  of  signing,  legal  voters 
of  said  city,  and  the  number  of  signers  at  the  time  the  affi- 
davit was  made. 

Hist.     C.  L.  162:127;  '11,  c.  82,  Sec.  76,  p.  314. 


CHAPTER  XXIV. 

COMPILED  STATUTES,  CH.  174. 
CITY  MANAGER  PLAN  OF  GOVERNMENT. 

SEC.  4299.  Cities  of  2500  or  over  may  adopt...  Any  city 
within  the  State  of  Idaho,  organized  under  the  general  laws 
of  the  state  or  under  special  charter  or  under  a  general 
incorporation  act,  now  or  hereafter  having  as  shown  by  the 
last  preceding  state  or  national  census  ,a  population  of  2500 
persons  or  over  that  number,  may  adopt  the  city  manager 
plan  of  government  as  herein  set  forth  by  proceedings  as 
hereinafter  provided.  The  form  of  government  provided  in 
this  chapter,  to  be  known  as  the  city  manager  plan,  shall 
consist  of  a  board  of  commissioners  of  five  or  more  citi- 
zens, according  to  the  population  of  the  municipality  as  de- 
termined by  the  last  preceding  census. 

Hist.     C.  L.  168:1:  '17,  c.  79,  Sec.  1,  and  part  of  Sec.  2,  p.  246. 

SEC.  4300.  Petition  for  adoption.  Upon  petition  of  elec- 
tors equal  in  number  to  25  per  centum  of  the  vote  cast  for  all 
candidates  for  mayor  at  the  last  preceding  general  city  elec- 
tion of  any  such  city,  the  mayor  shall,  by  proclamation,  is- 
sued within  10  days  after  the  filing  of  such  petitions  with 
the  city  clerk  of  such  city,  submit  the  question  of  adopting 
the  city  manager  plan  of  city  government  as  herein  provid- 
ed, at  a  special  election  to  be  held  at  a  time  specified  in  such 
proclamation  which  shall  not  be  less  than  60  days  or  more 
than  90  days  after  such  petition  is  filed. 

Hist.     C.  L.  163:2;  '17,  c.  79.  part  of  Sec.  2,  p.  246. 

SEC.  4301.    Election.    At  such  election  the  proposition  to 

be  submitted  to  the  electors  shall  be :  "Shall  the  city  of 

adopt  the  city  manager  plan  of  municipal  gov- 
ernment, as  set  forth  in  Chapter  174,  Compiled  Statutes  of 
Idaho?"  An  election  thereupon  shall  be  conducted,  the  vote 
canvassed  and  the  results  declared  in  the  same  manner  as 
provided  by  law  in  respect  to  other  city  elections. 

Hist.     C.  L.  163:3;  '17,  c.  79,  Sec    3,  p.  246. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  161 

SEC.  4302.  Board  of  Commissioners:  Election.  If  the 
majority  of  the  votes  cast  at  such  election  shall  be  in  favor 
of  such  plan,  such  city  shall  thereupon  proceed  to  the  elec- 
tion of  a  board  of  commissioners  of  five  or  more  citizens, 
according  to  the  population  of  such  city,  and  one  of  whom 
shall  be  elected  by  the  other  members  of  said  board  as 
the  chairman  thereof.  Said  commissioners  shall  be  nomi- 
nated and  elected  in  the  first  instance,  one  from  each  coun- 
cilmanic  ward  or  such  other  existing  districts  of  said  city 
as  may  have  been  established  for  the  election  of  the  mem- 
bers of  the  city  council  or  other  governing  body.  After  the 
first  election  said  commissioners  shall  be  nominated  and 
elected  either  at  large  or  from  such  districts  as  shall  be  es- 
tablished by  ordinance. 

Hist.     C.  L.  163:4;  '17,  c.  79,  Sec.  4,  p.  246. 

SEC.  4303.  Size  and  term  of  board:  Vacancies.  The 
number  of  commissioners  shall  be  in  proportion  to  the  popu- 
lation of  the  municipality,  as  determined  by  the  last  preced- 
ing federal  census,  as  follows :  A  municipality  having  not 
more  than  15,000  inhabitants  ,five;  more  than  15,000  and 
not  more  than  50,000  inhabitants,  seven ;  more  than  50,000 
inhabitants,  nine.  All  commissioners  shall  serve  for  a  term 
of  four  years  and  until  their  sucessors  are  elected  and  have 
qualified,  except  that  at  the  first  election  in  municipalities 
having  five  commissioners  the  candidates  having  the  three 
highest  number  of  votes  shall  serve  for  four  years,  the  other 
two  commissioners  shall  serve  for  two  years,  and  in  muni- 
cipalities having  more  than  five  commissioners  the  majority 
of  commissioners  having  the  highest  number  of  votes  shall 
serve  for  a  period  of  four  years  and  the  others  for  a  period 
of  two  years. 

Vacancies  in  the  board  shall  be  filled  by  the  board  for  the 
remainder  of  the  unexpired  term,  but  any  vacancy  resulting 
from  a  recall  election  shall  be  filled  in  the  manner  provided 
for  in  such  cases. 

Hi*t.     C.  L.  163.5;  '17,  c.  79,  Sec.  5,  p.  247. 

SEC.  4304.  Meetings  of  board.  The  board  shall  meet  at 
the  usual  place  for  holding  such  meetings,  at  10  o'clock  a. 
m.  on  the  1st  day  of  January  after  its  election,  at  which  time 
the  newly  elected  commissioners  shall  assume  the  duties  of 
their  office.  Thereafter  the  board  shall  meet  in  regular  ses- 
sion at  least  twice  each  month  at  such  times  and  places  as 
shall  be  fixed  by  ordinance.  The  clerk  shall  call  special  ses- 
sions of  the  board  upon  written  request  of  the  chairman  or 


162  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

of  any  two  members.  Any  such  requests  shall  state  the  sub- 
jects to  be  considered  at  such  special  meeting  and  no  other 
subjects  shall  be  there  considered. 

Hist.     C.   L.   163:6;   '17,  c.  79,   Sec.  6,  p.  247. 

SEC.  4305.  Signing  of  ordinances.  Every  ordinance  or 
resolution  passed  by  the  board  shall  be  signed  by  the  chair- 
man or  two  members,  filed  with  the  clerk  within  two  days 
and  by  him  recorded. 

Hist.     C.  L.  163:7;   '17,  c.  79,  Sec.  7,  p.  248. 

SEC.  4306.  Powers  of  the  board.  Said  board  shall  consti- 
tute the  governing  body  of  such  city  with  power  to  pass  ordi- 
nances, adopt  regulations,  appoint  a  chief  administrative 
officer,  to  be  known  as  the  city  manager,  approve  all  appoint- 
ments made  by  the  city  manager,  except  as  otherwise  pro- 
vided in  this  chapter,  fix  all  salaries,  appoint  a  civil  service 
commission  and  all  boards  of  commissioners  created  by  ordi- 
nance, and  to  remove  for  cause  and  after  hearing,  by  a  ma- 
jority vote  of  all  members,  any  officer  or  employee  of  the 
municipality,  unless  otherwise  provided  by  such  civil  serv- 
ice regulations  as  may  be  adopted.  The  powers  conferred 
upon  municipalities  by  the  constitution  of  Idaho,  and  any 
additional  powers  which  have  been  or  may  be  conferred 
upon  municipalities  by  the  legislature,  or  by  the  provisions 
of  this  chapter,  shall  be  exercised  by  the  board  unless  the 
exercise  of  such  powers  shall  have  been  expressly  conferred 
upon  some  other  authority  of  the  municipality  or  re- 
served to  the  people  thereof. 

C.  L.  163:8;  '17,  c.  79,  Sec.  8,  p.  248. 


SEC.  4307.  City  manager.  The  board  shall  appoint  a  city 
manager  who  shall  be  the  administrative  head  of  the  muni- 
cipal government  under  the  direction  and  supervision  of 
such  board  and  who  shall  hold  office  at  the  pleasure  of 
the  majority  of  the  members  thereof.  Before  entering 
upon  the  duties  of  his  office  such  city  manager  shall  take 
the  official  oath  for  the  support  of  the  government  and  the 
faithful  performance  of  his  duties,  and  shall  execute  a  bond 
in  favor  of  the  municipality  in  such  sum  as  may  be  fixed 
by  the  board. 

Hist.     C.  L.   163:9;   '17,  c.   79,   Sec.  9,  p.   248. 

SEC.  4308.  Duties  of  city  manager.  The  duties  of  the 
city  manager  shall  be  : 

1.  To  have  general  supervision  over  the  business  of  the 
municipality. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  163 

2.  To  see  that  the  laws  and  ordinances  are  faithfully 
executed. 

3.  To  attend  to  all  meetings  of  the  board  at  which  his  at- 
tendance may  be  required  by  that  body. 

4.  To  recommend  for  adoption  to  the  board  such  meas- 
ures as  he  may  deem  necessary  or  expedient. 

5.  To  make  such  appointments  of  employees  of  the  mu- 
nicipality as  are  not  otherwise  provided  for,  subject  to  the 
provisions  of  this  chapter  and  to  such  civil  service  regula- 
tions as  may  be  adopted. 

6.  To  prepare  and  submit  to  the  board  such  reports  as 
may  be  required  by  that  body,  or  as  he  may  deem  advisable 
to  submit. 

7.  To  keep  the  board  fully  advised  of  the  financial  con- 
dition of  the  municipality  and  its  future  needs. 

8.  To  prepare  and  submit  to  the  board  a  tentative  bud- 
get for  the  next  fiscal  year. 

9.  To  perform  such  other  duties  as  the  board  may  de- 
termine by  ordinance  or  resolution. 

Hist.     C.  L.  163:10;  '17,  c.  79,  Sec.  10,  p.  248. 

SEC.  4309.  Administrative  departments.  The  executive 
and  administrative  powers,  authority  and  duties  or  cities 
coming  under  the  provisions  of  this  chapter  shall  be  divided 
into  five  departments  as  follows :  Public  affairs,  accounts 
and  finances,  public  safety,  streets  and  public  improve- 
ments, parks  and  public  property.  The  board  shall  have 
authority  to  create  such  other  department  offices  and  em- 
ployments as  may  be  found  necessary. 

Hist.     C.  L.  163:11;  '17,  c.  79,  Sec.  11,  p.  249. 

SEC.  4310.  Restrictions  on  submitting  proposition  to  vote. 
The  proposal  to  adopt  said  city  manager  plan  as  provided 
in  this  chapter  shall  not  be  submitted  less  than  90  days  be- 
fore a  regular  municipal  election.  If  said  plan  is  not  adopt- 
ed at  the  special  election  so-called  and  held,  the  question  of 
adopting  the  same  shall  not  be  resubmitted  to  the  voters  of 
said  city  within  two  years  thereafter. 

Hist.     C.  L.  163:12;  '17.  c.  79,  Sec.  12,  p.  249. 

SEC.  4311.  Discontinuance  of  city  manager  plan:  Peti- 
tion: Election.  Any  city  which  shall  have  operated  for 
more  than  six  years,  under  the  provisions  of  this  chapter, 
may  abandon  such  organization  hereunder,  and  accept  th^ 


164  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

provisions  of  the  general  laws  of  the  state  then  applicable 
to  cities  of  its  population,  or  if  now  organized  under  special 
charter,  may  resume  said  special  charter  as  follows :  Upon 
petition  of  not  less  than  25  per  centum  of  the  electors  of 
such  city,  a  special  election  shall  be  called  at  which  the  fol- 
lowing proposition  only  shall  be  submitted:  "Shall  the  city 

of  abandon  its  organization  under 

the  city  manager  plan  as  provided  in  chapter  174  Com- 
piled Statutes  of  Idaho,  and  become  a  city  under  the  gen- 
eral law  governing  cities  of  its  population,  or  if  now  organ- 
ized under  special  charter,  shall  it  resume  said  special  char- 
ter?" 

If  a  majority  of  the  votes  cast  at  such  special  election  be 
in  favor  of  such  proposition,  the  officers  elected  at  the  next 
succeeding  bienial  election  shall  be  those  then  prescribed  by 
the  general  law  of  the  state  for  cities  of  like  population,  or 
prescribed  by  special  charter  if  such  city  had  been  incorpo- 
rated under  special  charter  at  the  time  of  adopting  the  pro- 
visions of  this  chapter ;  and  upon  qualification  of  such  offi- 
cers, such  city  shall  again  become  organized  under  such  gen- 
eral law  of  the  state,  or  special  charter,  as  the  case  may  be ; 
but  such  change  shall  not  in  any  manner  or  degree  affect  the 
property  rights  or  liabilities  of  such  city,  but  shall  merely 
extend  to  such  change  in  its  form  of  government.  The 
sufficiency  of  such  petition  shall  be  determined,  the  elec- 
tion ordered  and  conducted,  and  the  results  declared  gen- 
erally as  provided  by  the  provisions  of  this  chapter,  in  so 
far  as  the  provisions  thereof  are  applicable. 

Hist.     C.  L.  163:13;  '17,  c.  79,  Sec.  13,  p.  249. 

SEC.  4312.  Petitions:  Special  requirements.  Petitions 
provided  for  in  this  chapter  shall  be  signed  by  none  but 
the  legal  voters  of  the  city.  Each  petition  shall  contain,  m 
addition  to  the  names  of  the  petitioner's  residence,  his  age 
and  length  of  residence  in  the  city.  It  shall  also  be  accom- 
panied by  the  affidavit  of  one  or  more  legal  voters  of  the 
city  stating  that  the  signers  thereof  were,  at  the  time  of 
signing,  legal  voters  of  said  city,  and  the  number  of  signers 
at  the  time  the  affidavit  was  made. 

Hist.     C.  L.  163:14;   '17,   Sec.   14,  p.  250. 

CHAPTER  XXV. 

COMPILED  STATUTES,  CH.  298. 
CRIMES  AGAINST  THE  ELECTIVE  FRANCHISE. 
SEC.  8096.    Official  Neglect  or  Half  Usance.    Every  per- 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  165 

son  charged  with  the  performance  of  any  duty,  under  the 
provisions  of  any  law  of  this  State  relating  to  elections,  who 
willfully  neglects  or  refuses  to  perform  it,  or  who,  in  his  of- 
ficial capacity,  knowingly  and  fraudulently  acts  in  contra- 
vention or  violation  of  any  of  the  provisions  of  such  laws,  is, 
unless  a  different  punishment  for  such  acts  or  omissions 
is  prescribed  by  this  Code,  punishable  by  fine  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  the  State  prison 
not  exceeding  five  years,  or  by  both. 
Hist  C.  L.  6354. 

SEC.  8097.  Refusal  to  be  sworn  or  to  answer  questions. 
Every  person  who,  after  being  required  by  the  board  of 
judges  at  any  election,  refuses  to  be  sworn,  or  who,  after 
being  sworn,  refuses  to  answer  any  pertinent  question  pro-- 
pounded by  such  board,  touching  his  right,  or  the  right  of 
any  other  person,  to  vote,  is  guilty  of  a  misdemeanor. 

Hist.     C.  L.  6355. 

SEC.  8098.  Illegal  voting  or  interference  with  election. 
Every  person  not  entitled  to  vote,  who  fraudulently  votes, 
and  every  person  who  votes  more  than  once  at  any  one  elec- 
tion, or  knowingly  hands  in  two  or  more  tickets  folded  to- 
gether, or  changes  any  ballot  after  the  same  has  been  de- 
posited in  the  ballot  box,  or  adds,  or  attempts  to  add,  any 
ballot  to  those  legally  polled  at  any  election,  either  by  fraud- 
ulently introducing  the  same  into  the  ballot  box  before  or 
after  the  ballots  therein  have  been  counted  or  adds  to  or 
mixes  with,  or  attempts  to  add  to  or  mix  with,  the  ballots 
lawfully  polled,  other  ballots,  while  the  same  are  being 
counted  or  canvassed,  or  at  any  other  time,  with  intent  to 
change  the  result  of  such  election;  or  carries  away  or  de- 
stroys, or  attempts  to  carry  away  or  destroy,  any  poll  lists, 
or  ballots,  or  ballot  box,  for  the  purpose  of  breaking  up  or 
invalidating  such  election,  or  wilfully  detains,  mutilates,  or 
destroys  any  election  returns,  or  in  any  maner  so  interferes 
with  the  officers  holding  such  election  or  conducting  such 
canvass,  or  with  the  voters  lawfully  exercising  their  rights 
of  voting  at  such  election,  as  to  prevent  such  election  or 
canvass  from  being  fairly  held  and  lawfully  conducted,  is 
guilty  of  a  felony. 
Hist.  C.  L.  6356. 

SEC.  8099.  Attempting  to  vote  when  not  qualified,  or  to 
Repeat.  Every  person  not  entitled  to  vote,  who  fraudu- 
lently attempts  to  vote,  or  who,  after  being  entitled  to  vote, 


166  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

attemps  to  vote  more  than  once  at  any  election,  is  guilty  of 
a  misdemeanor. 

Hist.     C.  L.  6357. 

SEC.  8100.  Procuring  illegal  votes.  Every  person  who 
procures,  aids,  assists,  counsels  or  advises  another  to  give  or 
offer  his  vote  at  any  election,  knowing  that  person  is  not 
qualified  to  vote,  is  guilty  of  a  misdemeanor. 

Hist.     C.  L.  6358. 

SEC.  8101.  Officers  attempting  to  change  result.  Every 
officer  or  clerk  of  election  who  aids  in  changing  or  destroy- 
ing any  poll  list,  or  in  placing  any  ballots  in  the  ballot  box, 
or  taking  any  therefrom,  or  adds,  or  attempts  to  add,  any 
ballots  to  those  legally  polled  at  such  election,  either  by 
fraudulently  introducing  the  same  into  the  ballot  box  before 
or  after  the  ballots  therein  have  been  countd,  or  adds  to  or 
mixes  with,  or  attempts  to  add  to  or  mix  with  the  ballots 
polled  any  other  ballots,  while  the  same  are  being  counted 
or  canvassed,  or  at  any  other  time,  with  intent  to  change  the 
result  of  such  election,  or  allows  another  to  do  so,  when  in 
his  power  to  prevent  it,  or  carries  away  or  destroys,  or 
knowingly  allows  another  to  carry  away  or  destroy,  any  poll 
list,  ballot  box,  or  ballots  lawfully  polled,  is  guilty  of  a 
felony. 

Hist.     C.  L.  6359. 

SEC.  8102.  Attempt  of  officer  to  ascertain  vote.  Every 
officer,  judge,  or  clerk  of  an  election,  who,  previous  co  put- 
ting the  ballot  of  an  elector  in  the  ballot  box,  attempts  to 
find  out  any  name  on  such  ballot,  or  who  opens,  or  suffers 
the  folded  ballot  of  any  elector  which  has  been  handed  in, 
to  be  opened  or  examined  previous  to  putting  the  same  into 
the  ballot  box,  or  who  makes,  or  places  any  mark  or  device 
on  any  folded  ballot,  with  a  view  to  ascertain  the  name  of 
any  person  which  such  officer,  judge,  or  clerks  has  fraud- 
ulently or  illegally  discovered  to  have  been  voted  for  by  such 
elector,  is  punishable  by  fine  of  not  less  than  fifty  nor  more 
than  five  hundred  dollars. 

Hist.     C.  L.  6360. 

SEC.  8103.  Forging  or  counterfeiting  returns.  Every 
person  who  forges  or  counterfeits  returns  of  an  election, 
purposing  to  have  been  held  at  precinct,  town,  or  ward 
where  no  election  was  in  fact  held,  or  wilfully  substitutes 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  167 

forged  or  counterfeits  returns  of  election  in  the  place  of 
the  true  returns  for  a  precinct,  town,  or  ward  where  an  elec- 
tion was  actually  held,  is  guilty  of  a  felony. 

Hist.     C.  L.  6361. 

SEC.  8104.    Adding  to  or  subtracting  from  votes.   Every 
person  who  wilfully  adds  to  or  subtracts  from  the  votes 
actually  cast  at  an  election,  in  any  returns,  or  who  alters 
such  returns  is  guilty  of  a  felony. 
Hist.     C.  L.  6362. 

SEC.  8105.  Aiding  and  abetting  crimes.  Every  person 
who  aids  or  abets  in  the  commission  of  any  of  the  offenses 
mentioned  in  the  four  preceding  sections,  is  punishable  by 
imprisonment  in  the  county  jail  for  the  period  of  six 
months,  or  in  the  State  prison  not  exceeding  two  years. 

Hist.     C.  L.  6363. 

SEC.  8106.  Intimidation,  corruption  and  frauds.  Every 
person  who,  by  force,  threats,  menaces,  bribery,  or  any  cor- 
rupt means,  either  directly  or  indirectly  attempts  to  influ- 
ence any  elector  in  giving  his  vote,  or  to  deter  him  from 
giving  the  same,  or  attempts  by  any  means  whatever,  to  awe, 
restrain,  hinder,  or  disturb  any  elector  in  the  free  exercise 
of  the  right  of  suffrage,  or  furnishes  any  elector  wishing 
to  vote,  who  cannot  read,  with  a  ticket,  informing  or  giv- 
ing such  elector  to  understand  that  it  contains  a  name  writ- 
ten or  printed  thereon  different  from  the  name  which  Is 
written  or  printed  thereon,  or  defrauds  any  elector  at  any 
such  election,  by  deceiving  and  causing  such  elector  to  vote 
for  a  different  person,  for  any  office,  than  he  intended  or 
desired  to  vote  for ;  or  who,  being  officer,  judge,  or  clerk  of 
any  election,  while  acting  as  such,  induces,  or  attempts  to 
induce,  any  elector,  either  by  menace  or  reward  or  promise 
thereof,  to  vote  differently  from  what  such  elector  intended 
or  desired  to  vote,  is  guilty  of  a  misdemeanor. 

Hint.     C.  L.  6364. 

SEC.  8107.  Riotous  conduct  and  interference  with  elec- 
tion. Any  person  who  wilfully  disturbs  ,or  is  guilty  of  any 
riotous  conduct  at  or  near,  any  election  place  or  voting  pre- 
cinct with  intent  to  disturb  the  same,  or  interferes  with  the 
access  of  the  electors  to  the  polling  place,  or  in  any  manner, 
with  the  free  exercise  of  the  election  franchise  of  the  voters, 
or  any  voter  there  assembled,  or  disturbs  or  interferes  with 


168  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

the  canvassing  of  the  votes,  or  with  the  marking  of  the  re- 
turns, is  guilty  of  a  misdemeanor. 
Hist.     C.  L.  6365. 

SEC.  8108.  Betting  on  elections.  Every  person  who 
makes,  offers,  or  accepts  any  bet  or  wager  upon  the  result 
of  any  election,  or  upon  the  success  or  failure  of  any  per- 
son or  candidate,  or  upon  the  number  of  votes  to  be  cast, 
either  in  the  aggregate  or  for  any  particular  candidate,  or 
upon  the  vote  to  be  cast  by  any  person,  is  guilty  of  a  mis- 
demeanor. 

Hist.     C.  L.  6366. 

SEC.  8109.  Offenses  not  otherwise  profided  for.  Every 
person  who  wilfully  violates  any  of  the  provisions  of  the 
laws  of  this  State  relating  to  elections  is,  unless  a  different 
punishment  for  such  violation  is  prescribed  by  law,  punish- 
able by  fine  not  exceeding  one  thousand  dollars,  or  by  im- 
prisonment in  the  State  prison  not  exceeding  five  years,  or 
by  both. 

Hist.     C.  L.  6367. 

SEC.  8110.  Tampering  with  certificates  of  nomination  or 
Ballots.  No  person  shall  falsely  make,  or  make  oath  to,  or 
fraudulently  deface,  or  fraudulently  destroy,  any  certificate 
of  nomination,  or  any  part  thereof,  or  file,  or  receive  for 
filing,  any  certificate,  of  nomination,  or  letter  of  with- 
drawal, knowing  the  same  or  any  part  thereof  to  be  false- 
ly made,  or  supress  any  certificate  of  nomination  which 
has  been  duly  filed,  or  any  part  thereof,  or  wilfully  delay 
the  delivery  of  all  ballots,  or  forge  or  falsely  make  the  of- 
ficial •  endorsement,  on  the  ballot  or  wilfully  destroy  any 
ballot.  Every  person  violating  any  of  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  felony,  and,  upon 
conviction  thereof  in  any  court  of  competent  jurisdiction, 
shall  be  punished  by  imprisonment  in  the  penitentiary,  for 
a  period  of  not  less  than  one  year  nor  more  than  five 
years. 

Hist.     C.  L.  6389. 

SEC.  8111.  Destroying  and  defacing  supplies.  No  person 
shall  during  the  election,  remove  or  destroy  any  of  the  sup- 
plies or  conveniences  placed  in  the  booths  or  compartments 
for  the  purpose  of  enabling  the  voter  to  prepare  his  ballot, 
or  prior  to  or  on  the  day  of,  election,  wilfully  deface  or  de- 
stroy any  list  of  candidates  posted  in  accordance  with  the 
provisions  of  Title  4  of  the  Political  Code  concerning  elec- 
tions. No  person  shall  during  an  election,  tear  down  or  de- 
face the  cards  printed  for  the  instruction  of  voters.  Everv 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  169 

person  wilfully  violating  any  of  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof  in  any  court  of  competent  jurisdiction, 
shall  be  fined  in  any  sum  not  exceeding  one  hundred  dollars. 

Hist.     C.  L.  6370. 

Cross  Reference:     Political  Code,  Title  4,  Sec.  488,  Et.  Seq. 

SEC.  8112.  Electioneering.  No  officer  of  election  shall  do 
any  electioneering  on  election  day.  No  person  shall  do  any 
electionering  on  election  day  within  any  polling  place,  or 
any  building  in  which  an  election  is  being  held,  or  within 
one  hundred  feet  thereof,  nor  obstruct  the  doors  or  entries 
thereto,  or  prevent  free  ingress  to,  and  egress  from,  said 
building.  Any  election  officer,  sheriff,  constable  or  other 
peace  officer  is  hereby  authorized,  and  it  is  hereby  made 
the  duty  of  any  such  officer,  to  arrest  any  person  violating 
any  of  the  provisions  of  this  section,  and  such  offender  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  or 
less  than  twenty-five  dollars. 

Hist.     C.  L.  6371. 

SEC.  8113.  Attempt  to  influence  votes.  No  person  shall 
attempt  to  influence  the  vote  of  any  elector  by  means  of  a 
promise  or  a  favor,  or  by  means  of  violence  or  threats  of 
violence,  or  threats  of  withdrawing  custom  or  dealing  in 
business  or  trade,  or  enforcing  the  payment  of  a  debt,  or 
discharging  from  employment,  or  bringing  a  suit  or  crimi- 
nal prosecution,  or  any  other  threat  or  injury  to  be  inflicted 
by  him,  or  by  any  other  means. 
Hist.  C  .L.  6372. 

SEC.  8114.  Bribery  of  electors.  No  person  shall  in  any 
way  offer  a  bribe  to  an  elector  to  influence  his  vote. 

Hist.     C.  L.  6373. 

SEC.  8115.  Fraudulent  permission  of  registration.  Any 
registry  agent,  or  other  person,  who  in  any  manner  shall 
wilfully  or  corruptly  permit  any  person  not  entitled  to  reg- 
istration or  to  a  certificate  of  registration,  to  be  registered 
or  have  a  certificate  of  registration,  or  who  delays  or  fails 
to  deliver  the  certified  copies  of  the  official  register  and  the 
check  list  to  the  judges  of  election  as  required  by  law,  or 
who  permits  any  person  to  register  after  the  date  on  which 
the  registration  books  close,  or  who  shall  otherwise  wilfully 
or  corruptly  violate  any  of  the  provisions  of  the  law  govern- 
ing elections,  the  penalty  for  which  is  not  herein  specially 
prescribed,  shall  be  punished  for  each  and  every  offense  by 


170  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

imprisonment  in  the  penitentiary  for  a  term  of  not  less  than 
one  year  nor  more  than  five  years,  or  by  a  fine  of  not  less 
than  one  hundred  nor  more  than  two  thousand  dollars,  or 
by  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court. 

Hist.     C.  L.  6374. 

SEC.  8116.  Illegal  registration  by  voter.  Any  person  who 
shall  willfully  cause,  or  endeavor  to  cause,  his  name  to  be 
registered  in  any  other  election  district  than  that  in  which 
he  resides,  or  will  reside  prior  to  the  day  of  the  next  ensu- 
ing election,  except  as  herein  otherwise  provided,  and  any 
person  who  shall  cause,  or  endeavor  to  cause,  his  name  to  be 
registered,  knowing  that  he  is  not  a  qualified  elector,  and 
will  not  be  a  qualified  elector  on  or  before  the  day  of  the 
ensuing  election,  in  the  election  district  in  which  he  causes 
or  endeavors  to  cause  such  registry  to  be  made,  and  any 
person  who  shall  induce,  aid  or  abet  any  one  in  the  commis- 
sion of  either  of  the  acts  in  this  section  enumerated  and  de- 
scribed, shall  be  fined  not  less  than  fifty  dollars  nor  more 
than  five  hundred  dollars,  or  be  confined  in  the  county  jail 
for  not  less  than  one  month  nor  more  than  six  months,  or 
both. 

Hist.     C.  L.  6375. 

SEC.  8117.  Placing  placards  in  booths.  Any  person  or  of- 
ficer of  election  who  shall  put,  or  permit  to  be  put,  into  a 
voting  booth,  any  placard,  notice,  or  device  except  the  sam- 
ple ballots  and  cards  of  instructions  as  by  law  provided,  in- 
tended or  likely  to  call  the  attention  of  the  voter  to  any  can- 
didate, or  to  urge  the  voter  to  vote  for  any  particular  can- 
didate, or  shall  put,  or  allow  anything  to  be  put,  into  such 
booths  for  the  use  or  comfort  of  the  voter  whereby  the 
claims  of  any  candidate  are  urged  upon  the  voter,  either  di- 
rectly or  indirectly,  shall  be  imprisoned  in  the  county  ja.'l 
not  to  exceed  three  months,  or  fined  not  to  exceed  fivo 
hundred  dollars,  or  both. 
Hist.  C.  L.  6376. 


APPENDIX. 

A.  Congressional  Districts. 

B.  Legislative  Apportionment. 

C.  Elective  City  Officers. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  171 

COMPILED  STATUTES,  CH.  VI.. 
CONGRESSIONAL  DISTRICTS. 

SEC.  66.  Number  of  congressional  districts.  For  the 
election  of  representative  in  congress,  the  State  of  Idaho  Is 
divided  into  two  congressional  districts. 

Hist.     C.  L.  6:1;  '17,  c.  121,  Sec.  1,  p.  408,  rewritten. 

SEC.  67.  First  congressional  district.  The  first  congres- 
sional district  comprises  the  counties  of  Adams,  Benewah, 
Boise,  Bonner,  Boundary,  Canyon,  Clearwater,  Custer,  Gem, 
Idaho,  Kootenai,  Latah,  Lemhi,  Lewis,  Nez  Perce,  Payette, 
Shoshone,  Valley,  Washington  and  counties  hereafter  creat- 
ed therefrom. 

Hist.     C.  L.  6:2;  '17,  c.  121,  Sec.  2,  p.  408,  rewritten:  new  coun- 
ties inseited  and  all  counties  arranged  alphabetically. 

SEC.  68.  Second  congressional  district.  The  second  con- 
gressional district  comprises  the  counties  of  Ada,  Bannock, 
Bear  Lake,  Bingham,  Blaine,  Bonneville,  Butte,  Camas,  Cas- 
sia, Elmore,  Franklin,  Fremont,  Gooding,  Jefferson,  Lin- 
coln, Madison,  Minidoka,  Oneida,  Owyhee,  Power,  Teton, 
Twin  Falls  and  counties  created  therefrom. 

Hist.     C.  L.  6:8;  '17,  c.  121,  Sec.  2,  p.  408,  rewritten;  new  coun- 
ties inserted  and  all  counties  arranged  alphabetically. 

SEC.  69.  Residence  of  candidates  within  district.  All  can- 
didates for  election  as  representatives  in  congress  shall  be 
residents  of  the  congressional  district  from  which  they 
seek  such  election. 

Hist.     C.  L.  6:4;  '17,  c.  121,  Sec.  4,  p.  409. 


APPENDIX  B. 

COMPILED  STATUTES  CH.  IV. 
LEGISLATIVE  DISTRICTS. 

Note:  This  chapter,  enacted  '17,  c.  165,  p.  493,  heretofore  em- 
bodied in  one  section,  has  been  divided  into  sections  by  the  commis- 
sioner and  a  few  verbal  changes  made.  Previous  apportionment  acts 
are:  '05,  p.  430,  Sec.  1;  '07,  p.  472,  Sec.  1,  2;  R.  C.,  Sec.  25;  '09,  p.  106; 
H.  B.,  283;  '11,  c  227,  p.  730;  '13  c.  188,  p.  622;  '15,  c.  126,  p.  272. 

SEC.  51.    Legislative  apportionment.    The  apportionment 


172  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

of  the  houses  of  the  legislature  is  as  provided  in  this  chapter. 
Hist.     C.  L.  4:6. 

Cross  ref.  Constitutional  provision  relating  to  apportionment; 
Const.  Ill,  2,  as  am. 

Construction  of  prior  acts:  Laws  '91,  p.  195,  which,  in  providing 
for  the  apportionment  of  the  legislature,  accorded  representation  to 
two  counties  created  by  an  act  subsequently  declared  to  be  unconstitu- 
tional, and  omitted  to  provide  representation  for  the  counties  from 
which  the  two  created  counties  were  organized,  is  unconstitutional. 
Ballantine  v.  Willey  (1893)  3  I.  496,  31  P.  994,  95  A.  S.  R.  17. 

An  apportionment  act  which  contemplates  that  each  county  shall 
have  one  senator  and  representatives  in  proportion  to  population,  is 
valid  and  constitutional,  although  an  act  purporting  to  create  certain 
counties  for  the  representation  of  which  the  apportionment  act  pro- 
vides, is  afterward  held  unconstitutional.  In  such  case  the  apportion- 
ment act  will  be  enforced  according  to  its  terms,  except  that  one  sena- 
tor will  be  accorded  to  the  county  from  which  the  attempted  new  coun- 
ties were  created,  and  representatives  will  be  allowed  to  such  county 
in  proportion  to  its  population.  Heitman  v.  Gooding  (1906)  12  I.  581, 
86  P.  785. 

County  division:  Laws  '93,  p.  170,  creating  Bannock  county,  does 
not  deprive  said  county  of  representation  in  the  legislature,  since  said 
act  neither  grants  nor  refuses  representation  to  said  county,  which 
remains  a  part  of  Bingham  county  repressntative  district  and  a  part 
of  the  senatorial  district  composed  of  Bingham,  Logan  and  Alturas 
counties,  and  its  electors  are  entitled  to  vote  for  the  same  number  of 
representatives  as  they  were  prior  to  the  creation  of  Bannock  county. 
Sabin  v.  Curtis  (1893)  3  I.  662,  32  P.  1130;  Allen  v.  Curtis  (1893)  3  I. 
671,  32  P.  1133. 

Equal  Representation:  The  legislature  is  prohibited  by  the  con- 
stitution from  passing  an  apportionment  act  which  does  not  give  sub- 
stantially just  and  equal  representation  to  the  people  of  each  county, 
based  upon  either  the  voting  or  entire  population,  or  upon  some  other 
fair  basis.  Ballentine  v.  Willey  (1893)  3  I.  496,  31  P.  994,  95  A.  S. 
R.  17. 

SEC.  52.  Senatorial  districts.  Each  county  in  the  state 
now  existing  or  hereafter  created  shall  constitute  a  senato- 
rial district  and  shall  elect  one  senator. 

Hist.     C.  L.  4:2. 

Cross  ref.    Conforms  to  Const.  Ill,  2  as  am. 

County  division:  Laws  '93,  p.  170,  creating  Bannock  county,  does 
not  segregate  the  eleventh  senatorial  district,  nor  take  away  any  of 
the  rights  of  the  electors  of  Bannock  county  in  the  election  of  sena- 
tors in  that  district.  Sabin  v.  Curtis  (1893)  3  I.  662,  32  P.  1130. 

SEC.  53.  Representative  districts.  The  several  counties 
shall  elect  members  of  the  house  of  representatives  as  fol- 
lows: Each  county  shall  elect  one  representative  for  each 
2500  votes  and  remaining  fraction  thereof  amounting  to 
1000  votes  or  more  cast  in  said  county  at  the  last  general 
election,  based  on  the  total  vote  cast  for  all  candidates  for 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  173 

governor :    Provided,  That  there  shall  be  at  least  one  repre- 
sentative from  each  county. 

Hint.     C.  L.  4:3. 

Cross  ref.  Representatives  does  not  exceed  three  times  the  num- 
ber of  senators.  Const.  Ill,  2,  as  am. 

Representative  district,  when  more  than  one  county  shall  consti- 
tute the  same,  shall  be  composed  of  contiguous  counties,  and  no  county 
shall  be  divided  in  creating  such  districts.  Const.  Ill,  5. 

SEC.  54.  Duty  of  secretary  of  state.  The  secretary  of  state 
must  certify  to  the  county  auditor  of  each  county  on  or  be- 
fore the  first  day  of  April  preceding  a  general  election  the 
number  of  representatives  in  the  legislature  said  county 
will  be  entitled  to  elect  at  the  following  election.  When  any 
new  county  has  been  created,  subsequent  to  the  last  general 
election  for  governor,  the  total  vote  cast  for  governor  in  the 
territory  included  in  such  new  county  and  in  the  territory 
remaining  in  any  county  or  counties  from  which  said  new 
county  has  been  created  shall  be  estimated  by  the  secretary 
of  state  as  nearly  as  possible  from  the  election  returns  and 
the  legislative  apportionment  figured  thereon. 
Hist.  C.  L.  4:4. 


APPENDIX  C. 

COMPILED  STATUTES,  CH.  160. 

ARTICLE  2. 
ELECTIVE  CITY  OFFICERS. 

SEC.  3862.  Election  and  qualification  of  councilmen. 
Each  ward  of  said  city  shall  have  at  least  two  councilmen 
who  shall  be  chosen  by  the  electors  of  the  entire  city  from 
the  qualified  electors  of  their  respective  wards  and  who  shall 
serve  for  two  years  and  until  their  successors  shall  be  elect- 
ed and  qualified.  No  person  shall  be  eligible  to  the  office  of 
councilman  who  is  not  at  the  time  of  his  election  an  actual 
resident  of  the  ward  for  which  he  is  elected  and  a  qualified 
elector  under  the  Constitution  and  laws  of  the  State  of 
Idaho,  and  if  any  councilman  shall  remove  from  the  ward 
for  which  he  is  elected  his  office  as  a  councilman  shall 
thereby  become  vacant.  Whenever  there  shall  be  a  tie  in  the 
election  of  councilmen  nt  shall  be  determined  by  lot  by  the 
judges  of  election  of  the  ward  in  which  it  shall  happen. 
Hist.  C.  L.  2184.  Laws  1917,  Ch.  49,  Sec.  1,  p.  110. 


174  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

SEC.  3864.  Officers  Elective  and  Appointive.  At  the 
lime  of  the  biennial  election  hereinafter  provided  for  there 
shall  be  elected  a  mayor,  a  city  clerk  and  the  councilmen 
hereinbefore  provided  for.  The  mayor,  with  the  consent  of 
the  council,  shall  appoint  a  city  treasurer,  a  city  attorney,  a 
city  engineer,  a  police  judge,  a  chief  of  police  and  an  over- 
seer of  streets,  and  the  mayor  may  appoint  a  city  bandmas- 
ter, who  shall  hold  their  offices  for  two  years  unless  sooner 
removed  by  the  mayor  with  the  consent  of  the  council.  The 
mayor,  by  and  with  the  consent  of  the  council,  shall  appoint 
such  a  number  of  regular  policemen  as  may  be  necessary 
and  may  also  appoint  special  policemen  from  time  to  time  as 
exigencies  arise.  Such  police  officers  appointed  by  the 
mayor  and  the  council  in  accordance  herewith  shall  be  re- 
movable at  any  time  by  the  mayor :  Provided,  The  council 
may  provide  by  ordinance  that  the  city  clerk  shall  be  ex- 
officio  police  judge. 

Hist.     C.  L.  2186.     Laws  1917,  Ch.  49,  Sec.  2,  p.  110. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  175 


INDEX 


A  Page 

Absent  Voting — Authorized 69 

Affidavit,  false  73 

Application  for  ballot 69 

Ballot,  application  for 69 

Challenging  absentee's  vote 72 

Death,  effect  of 72 

Deposit  of  ballot 71 

Double  voting  prohibited 72 

Effect  of  death 72 

False  impersonation  .'. 73 

Folding  of  ballot 70 

General  election  laws  applicable 72 

Inclosure    70 

Interpretation   of  chapter 73 

Issuance  of  ballot 70 

Neglect   by   officers 73 

Neglect  to  return  ballot -._ 73 

Penalty  for  violation „ 73 

Rejection  of  defective  ballots 72 

Return  of  ballot 70 

Transmission  of  ballot  to  polls 71 

Violation,   penalty  for 73 

Abstract  of  Returns 

See  canvass  of  returns. 

See  State  Board  of  Canvassers. 

Additional  Qualifications  of  Voters. 
See  constitutional  provisions. 

Appointment. 

Distributing  Clerk  23 

Judges  23 

Arrest. 

See  general  provisions. 

Assessor. 

See  county  officers. 

Asylums. 

Inmates  of — See  residence. 

Attorney  General. 
See  state  officers. 

Auditor. 

See  county  auditor. 

B 

Ballot  boxes  52 

See  conduct  of  elections. 
See  canvass  of  returns. 


176  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Ballots. 

See  absent  voting. 

See  ballots  and  supplies. 

See  Commission  form  of  government. 

See  conduct  of  elections. 

See  constitutional  provisions. 

See  primary  elections. 

See  errors  and  mistakes.  Page 

Ballots  and  supplies 52 

Ballot — boxes    52 

Ballot — form — errors   and   omissions 57 

Ballot — form  for  submission  of  special  question 

Ballots — contents  53 

Ballots — distribution  of  58 

Ballots— folding  of  58 

Ballots— form  of 53 

Ballots — how  counted  57 

Ballots — number  of — record  58 

Ballots— official '. 52 

Ballots — sample   59 

Boxes — ballot   52 

Contents  of  ballots 53 

Counting  of  ballots 57 

Delivery  and  receipt  of  supplies 58 

Distribution  of  ballots 58 

Errors  and  omissions 57 

Folding  of  ballots 58 

Form  of  ballots - 53 

Instruction  cards  and  sample  ballots 59 

Official  ballots  52 

Official  election — stamp  52 

Receipt  and  delivery  of  supplies 58 

Record  of  number  of  ballots 58 

Sample  ballots 59 

Special  question — form  of  ballot 56 

Stamp — Official  election  52 

Supplies — delivery  and  receipt  of 58 

Boards  of  Canvassers. 
See  county  boards  of. 
State  Board  of. 

Bond  Elections. 

See  county  bond  elections. 
See  municipal  bond  elections. 

Bonds. 

See  county  bond  elections. 
See  municipal  bond  elections. 

Boxes— ballot    .  52 


Candidates. 

See  primary  elections. 
See  nominations. 

Canvass. 

See  canvass  of  returns. 

See  primary  elections. 

See  State  Board  of  Canvassers. 

See  County  Board  of  Canvassers. 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  177 

Page 

Canvass  of  returns 73 

See  errors  and  mistakes. 
See  presidential  electors. 

Abstract  of  votes — disposition  of 

Abstract  by  County  Commissioners ~ 77 

Application  of  sections 77 

Ballot  boxes — duplicate  sets 

Ballots — comparison  of  » 74 

Ballots— void  - 74 

Canvass  of  votes - - 73 

Comparison  of  poll  lists,  ballots  and  stubs 74 

Count  of  votes 74,     76 

Count  of  votes — certificate  by  officers - 74 

County  Commissioners — abstract  of  returns - 77 

Election   officers — two   sets 76 

Judges  to  join  in  making  returns ~ 

Poll  lists — comparison  of -—     74 

Primary  election  

State  Board  of  Canvassers. 

See  State  Board  of  Canvassers. 

Supplies — disposal  after  canvass 75 

Void  ballots   74 

Votes — canvass  of  - 73 

Central  Committees. 

See  primary  elections — county  central. 

Certificates  of  Election  by  Secretary  of  State 81 

For  county  officers 77 

Certificates  of  Nomination 35 

Challenge. 

For  want  of  citizenship 65 

Keepers  of  houses  of  ill-fame 19 

Prostitutes  19 

Changing  county  boundaries 90 

Ballot — form  of  ~ _ _ 91 

Election — conduct  of  91 

City  Officers. 

See  Appendix  C. 

Clerk. 

See  county  officers. 

See  primary  elections. 

See  distributing  clerk. 

Compensation   24 

Clerk  of  District  Court. 
See  county  officers. 
Commission  Form  of  Government. 

Abandonment  of — procedure   159 

Acceptance  of  nomination 132 

Additional  rules  prescribed  by  council 155 

Amendment  of  ordinance  adopted  by  referendum 154 

Ballots  for  elections  for  officers 133 

Ballots— form   of   - 133,  136 

Ballots — names  of  candidates — 134 

Ballots — names  of  candidates  printed  on 129 


178  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Commission  Form  of  Government — Continued.  Page 

Ballots — preparation  of  133 

Ballots — samples    137 

Ballots — second  election  136 

Bribery    140,  141 

Carriages  unlawful   140,  141 

Certificates  of  nomination 13i 

Certificates  of  nomination — clerk  to  furnish 130 

Certificate  of  nomination — duties  of  clerk 131 

Certificates  of  nomination — when  filed 131 

Certificate   of   nomination — regulations — filing — signing 131 

Certificates  of  nomination — withdrawal  of  nominee 132 

Certificates — Revocation  of 132 

Charters  void  after  adoption  of 127 

Cities  may  adopt 125 

City  officers — election  of 129 

City  officers — nominations  of 129 

Correction   of   Petition 131 

Corrupt  Practice  140,  141 

Council  may  prescribe  rule  not  inconsistent  herewith 155' 

Crimes — penalties    141 

Election   for  organization 126 

Election — general  laws  apply 127 

Election — officers   127 

Election — organization — registration  126,  127 

Election  for  city  officers 129 

Election  for  officers— ballots  : 133,  134 

Election  for  officers — registration 139 

General  election  laws  apply 140 

General  election  laws  apply  to  election  for  organizations 127 

Informalities   in   elections 140 

Initiative    150 

Initiative — method  of  exercise 150 

Nominations — acceptance  of  132 

Nominations — clerk  to  furnish  certificates  of 130 

Nominations — publication  of 133 

Nominations  of  city  officers 129 

Officer   recalled— ineligibility   of  158 

Officers — election    of 129 

Officers — failure  to  qualify 140 

Officers — nominations   of  129 

Officers  of  election  for  organization 127 

Officers — term  and  vacancies 142 

Officers — vacancies    143 

Officers — number  of  votes  necessary  to  elect 137 

Officers  at  second  election;  when  necessary 138 

Petition  for  organization 125 

Petition  of  nomination — how  preserved 132 

Petition  of  nomination  of  officers 129 

Petition  of  nomination — when  filed  by  clerk 132 

Petitions  generally  159 

Publication  of  nominations 133 

Recall   155 

Recall — effect  of  successful 158 

Recall — special  election  157 

Recall  election — additional  regulations 158 

Recall  special  election — call  of — duty  of  council 157 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  179 

Commission  Form  of  Government — Continued.  Page 

Recall  election — notice  of  call  of 157 

Recall  election — municipal  laws  apply 158 

Recall  election — incumbent  a  candidate 158 

Recall  election — one  or  more  officers  recalled 158 

Recall  petition — Form  of  155 

Recall   petition — amendment  of „ 157 

Recall  petition — objections  to  sufficiency 156 

Recall  petition — presentation  to  council 156 

Recall — procedure    155 

Recalled  officer — ineligibility  of  158 

Referendum — direct  legislation   authorized 150 

Referendum — direct  legislation  necessary  to  repeal 154 

Referendum — ballots  154 

Referendum — voluntary  154 

Referendum — inconsistent  ordinances — plurality  vote _ 154 

Referendum — compulsory    153 

Referendum — number  of  proposed  ordinances 154 

Referendum — passage   of   ordinance — majority  vote 154 

Referendum — publication  of  ordinance — notice  of  election 154 

Referendum — repeal  by  direct  legislation 154 

Registration    139 

Regulation — concerning   156 

Repeal  by  direct  legislation 154 

Sample  ballots 137 

Second   election  when   necessary : 138 

Second  election — conduct  of  138 

Second   election — time  for  holding 138 

Terms — mayor  and  council 142 

Vacancy — effect  of  pending  election 158 

Vacancies  among  officers 142 

Vacancies — how  filled  143 

Voter  may  write  in  names 1 37 

What  cities  may  adopt 125 

Compensation. 

Clerks  24 

Judges  24 

Presidential  electors  _ 85 

Conduct  of  Elections. 

Ballot  boxes — opening  of   61 

Ballots — Spoiled 63 

Ballots — defaced    68 

Ballots — delivery  of  to  electors 62 

Ballots — deposit  in  box 64 

Ballots — deposit  in  box — unstamped  ballots 64 

Challenged  voter — duty  of  clerks 67 

Challenged  voter — oath   of 67 

Challenged  voter — refusal  to  take  oath 67 

Challenge — judges  duty 67 

Challenging  voters  _ 65,  66 

Changing  polling  place 60 

Clerks — duty  of — challenged  voter 67 

Closing  polls  60 

Constable — duties  of  61 

Damaged  ballots  63 

Delivery  of  tickets  to  electors 62 

Deposit  of  ballots  in  box 64 


180  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Conduct  of  Elections — Continued.  Page 

Deposit  of  unstamped  ballots  in  box 64 

Information — not  to  be  divulged 64 

Judges'   duty  to  challenge 67 

Judges  may  administer  oaths 61 

Manner  of  voting , 62 

Oath — judges  may  administer 61 

Oath  of  challenged  voter 67 

Oath  of  election  officers 60 

Oath — refusal  of  challenged  voter 67 

Officers  not  to  divulge  information 64 

Officers'  oath  60 

Opening  and  closing  polls 60 

Opening  ballot  boxes  61 

Opening  supplies 61 

Polling   place — changing   of 60 

Poll  lists— form  of 68 

Polls — opening  and  closing  60 

Proclamation  and  notice  of  change  of  polling  place 60 

Residence — how  determined.  66 

Spoiled  ballots  ! 63 

Stubs  and  defaced  tickets 68 

Supplies — opening  of 61 

Tickets — defaced    68 

Tickets — delivery  to  electors 62 

Voter — refusal  to  take  oath  when  challenged 68 

Voters — challenging  of 65,  66 

Voting — duration  of  - 61 

Voting — manner  of 62 

Congressional  Districts. 
See  Appendix  A. 

Constable. 

See  conduct  of  elections. 
See  precinct  officers. 

Constitution. 

See  constitutional  provisions. 

Constitutional  provisions 5 

Amendment  to  constitution 10,    11,  12 

Ballot — secret  guaranteed  6 

Counties — division  of 9 

County  seats — removal  of  9 

Division  of  Counties 9 

Laws — special  and  local  prohibited. 5 

Legislature  may  prescribe  additional  qualifications  of  voters  8 

Local  and  special  laws  prohibited 5 

Qualifications  of  voters 5,  6,  7 

Qualifications  of  voters — additional — Legislature  may  pre- 
scribe    8 

Recall _ 8 

Removal  of  county  seats 9 

Residence  for  voting  purposes 8 

Revision  of  constitution  by  convention 12 

Secret  ballot  guaranteed 6 

Special  and  local  laws  prohibited 5 

Suffrage — right  of  guaranteed 5 

Voters — additional  qualifications — Legislature  may  prescribe  8 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  181 

Constitutional  Provisions — Continued.  Page 

Voters — qualification  of  .-. - 5,  6,       7 

Voters — residence  of  - 8 

Contested  Elections. 

Ballots — examination   of  - 

Contest  papers — custody  of 123 

Contest  papers  delivered  to  presiding  officer 123 

Contest  papers — opening  _ 123 

Evidence-— preservation   of 124 

Examination  of  witnesses 121 

Fees — officers    _ 123 

Fees — witnesses   122 

Grounds  for  contest 119 

Incumbent   defined   120 

Jurisdiction — contests  over  executive  offices 120 

Jurisdiction — contests  over  legislative  offices 120 

Misconduct — sufficient  to  vitiate  election 120 

Notice  of  contest  „ _ _ ~ _ _ 120 

Notice  of  contest — service - 121 

Notice  of  receiving  contest  papers „ 123 

Officers — fees    123 

Poll  books — examination   of 123 

Preservation  of  evidence 124 

Production  of  papers .' _ _ „ „ 122 

Receipt  of  contest  papers — notice 123 

Subpoena — application   for  121 

Subpoena — disobedience  of — penalty  122 

Subpoena — how  issued  121 

Testimony — certified  _ _ „ „ 122 

Testimony — preserved 122 

Testimony — taken _ 122 

Witnesses — examination  of  ., 121 

Witnesses — fees  and  mileage 122 

Contests. 

See  contested  elections. 

Convention. 

See  county  conventions. 
See  State  conventions. 

Coroner. 

See  county  officers. 

Counties 

See  constitutional  provisions. 

County  Attorney. 

See  county  officers. 

County  Auditors. 

Primary  elections   38 

Ballots — preparation  _ _ „ 30 

Check  lists  33 

Nominees'  names  certified  to  county  convention 33,  34 

Notices    31 

Poll  lists „ _ 30 

Tie  vote — supervision  of  determination 34 

County  Bond  Elections. 

Assessment  against  adjoining  property 98 

Ballot — form  of  97 


182  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

County  Bond  Elections — Continued.  Page 

Canvass  of  returns 97 

Collection  of  tax  in  special  tax  district 108 

Conduct  of  97 

Form  of  bonds — assessments 102 

General  election  law  applicable 97 

General  election — voting  on  bonds , 98 

Levies  for  bond 107 

Notice  of  90 

Officers  of  election 97 

Road  bonds — form  of  ballots 100 

Road  bonds issuance  of  form 102 

Road  bonds — two-thirds  vote 101 

Roads — special  assessment  districts 98 

Roads — special  tax  district  assessments 102 

Roads — special  tax  districts — appeal  to  District  Court 

Road  tax — limitation  on 105 

Road  tax — levy  in  special  districts 105 

Road  Tax — Lien  collection 107 

Special  tax  districts  not  exempt  from  general  taxation 108 

Tax  districts — special — not  exempt  from  general  taxation 108 

County  Boards  of  Canvassers. 

Correction  of  mistakes 83 

County  seat  election — canvass 89 

Determination   of  tie 77 

District  judges,  canvass 33 

Irregular  returns  82 

Malconduct  or  error  ground  for  contest 119 

Offering  bribe  to — ground  for  contest 119 

Primary  election  returns 33 

Special  elections  92 

County  Boundaries. 

See  changing  county  boundaries. 

County  Central  Committees. 

Chairman  fill  vacancies  in  nominations 41 

Composition  26 

Officers  to  designate  witness  of  canvass  of  vote 76 

Organization  26 

Powers — general   26,  27 

Primary  election  officers  designation 30 

Secretary  may  fill  vacancies  in  nominations 41 

Vacancies  in  nomination — manner  of  filling 41 

Power  to  fill 41 

County  Commissioners. 
Election. 

Appointment  of  judges 23 

Ballot  boxes,  duplicate,  in  certain  precincts 76 

Election  precincts — establishment  20 

Officers — appointment  of  two  sets 76 

Compensation   24 

Polling  places  21 

Proclamation  to  be  furnished  to 16 

Publication  of  notices- -registration 45 

Registrars. 

Appointment  44 

Compensation    51 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  183 

County  Commissioners — Continued.  Page 

Supplies  to  be  furnished  to 45 

Returns  made  to  _ _ „ 77 

Supplies 52 

County  Conventions. 
Delegates. 

Elections  to  choose : 25 

Nomination  papers — filing  37 

Number — determination  of  25 

Members,  seats  fraudulently  obtained 29 

Organization  27 

Secretary — certificates  of  names,  committeemen,  etc 27 

Time  of  holding 27 

County  Officers. 

To  be  elected — central  committee 26 

To  be  elected — enumerated 14 

County  Seats. 

See  constitutional  provisions. 

Petition  for  removal  85 

Petition  for  removal — how  signed 87 

Petition  for  removal  open  to  inspection 87 

Removal — contests   have   precedence 88 

Removal  election — canvass  of  returns 89 

Removal  election — challenging  voters 89 

Removal  election — result  of  vote 90 

Removal  election — time  for  holding 85 

Removal  of 85 

Removal  petition — contesting  right  to  sign 87 

Removal — petition  for 85 

Removal  petition  open  to  inspection 87 

Removal — procedure  in  contest 88 

Removal — signing  of  petition 87 

Removal — voting  for 89 

Voting  for  removal 89 

Crimes   against   elective  franchise _ _ 164 

Adding  to  votes _ _ 167 

Aiding  and  abetting 167 

Ascertaining  vote — attempt  of  officer 166 

Attempting  to  change'  result 166 

Attempting  to  repeat _ 165 

Attempting  to  vote  when  unqualified 165 

Attempt  of  officer  to  ascertain  vote 166 

Ballots — tampering  with  168 

Betting  on  elections > 168 

Bribery  of  electors - 169 

Certificates  of  nomination — tampering  with 168 

Corruption  167 

Counterfeiting  returns   166 

Crimes — aiding  and   abetting 167 

Defacing  and   destroying   supplies 168 

Electioneering  169 

Forging  returns  166 

Frauds - 167 

Fraudulent  permission  of  registration . 

Illegal  registration  by  voter _ 170 

Illegal    votes — procuring   of 166 


184  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Crimes  Against  Elective  Franchise — Continued.  Page 

Illegal  voting  165 

Influencing  votes  169 

Interference  with  election.... 165,  167 

Intimidation    167 

Offenses  not  herein  specified 168 

Official  malfeasance 164 

Official  neglect 164 

Placards — placing   in   booths 170 

Placing  placards  in  booths 170 

Procuring  illegal  votes 166 

Refusal  to  answer  questions 16b 

Refusal  to  be  sworn 165 

Registration  of  voter — illegal 169 

Registration — fraudulent  permission  169 

Result — officer  attempting  to  change 166 

Returns — counterfeiting  166 

Returns — forging  166 

Riotous  conduct 16Y 

Subtracting  from  votes 166 

...  168 
...  168 
...  168 
..  166 


Supplies — defacing  and  destroying 

Tampering  with  ballots 

Tampering  with  certificates  of  nomination.... 
Votes — adding  or  subtracting 


D 

Disqualifications. 

See  qualifications  of  voters. 
Distributing  Clerk. 

Appointment  of 23,     24 

Distribution. 

Copies  of  election  laws 13,     30 

District  Court. 

Clerk — see  county  officers. 
District  Judges. 

See  state  officers. 

E 
Election  officers. 

See  canvass  of  returns. 

See  distributing  clerk. 

See  judges. 
Election  Precincts.  , 

Boundaries    20 

Establishment  of  20 

Elections. 

See  county  bond  elections. 
See  primary  elections. 
See  municipal  bond  elections. 
See  municipal  elections. 
See  voters. 

Conduct  of. 

See  conduct  of  elections. 

Notice  of  16 

Notice  of — posting 17 

Proclamation 16 

Special  question  IT 

Time  for  holding 13 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  185 

Elections  for  Erection  of  Public  Buildings. 

Bond   issue — statutes   governing.... 95 

Court  House — bond  election. 93 

Court  House — letting  of  contract 94 

Court  House — purchase  of  site „._ 94 

Statutes  governing  _ 95 

Electors. 

See  registration  of  electors. 
See  voters. 

Errors  and  mistakes 82 

Correction  of  mistakes „ 82 

Names  on  ballots  misspelled : 82 

Examination  by  Registrar. 

Keepers  of  house  of  ill-fame 19 

Prostitutes     _ 19 

Unlawful  cohabitation  : 19 

Expenses. 

See  primary  election. 

F 
False  Statement. 

See  penalty. 
False  Swearing. 

See  primary  election. 
Forgery. 

See  crimes  against  elective  franchise. 
Franchise. 

See  crimes  against  elective  franchise. 

G 

General  Election  Laws. 
See  primary  elections. 

General  provisions  13 

Application  of  title _ _ .. 13 

Distribution  of  copies  of  law 13 

Privilege  from  arrest _ 13 

Governor. 

See  state  officers. 

H 

Holidays    _ 124 

Houses  of  ill-fame. 

Keepers  of — challenge  „ „ 19 

Keepers  of — examination  „ „ 19 

Keepers  of — not  qualified  to  vote _ 19 

Keepers  of — penalty  for  false  statement 20 

I 

Initiative. 

See  commission  form  of  government. 
Inmates  of  Asylums. 

See  residence. 
Inspector  of  Mines. 

See  state  officers. 


186  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 


J  udges. 

See  state  officers. 

Appointment  of  23 

Compensation   24 

To  appoint  clerks..'. 24 

Vacancies — how   filled   24 

Judiciary. 

See  primary  elections. 

Justices  of  the  Supreme  Court. 
See  state  officers. 

Justices  of  the  Peace. 
See  precinct  officers. 


K 
Keepers  of  Houses  of  Ill-fame. 

Challenge  19 

Examination  by  Registrar 19 

Not  qualified  to  vote 19 

Penalty  for  false  statement 20 

Laws. 

See  constitutional  provisions. 

Legislature. 

See  Appendix  B. 

See  State  Board  of  Canvassers. 

Lieutenant  Governor. 
See  state  officers. 


M. 

Municipal  Bond  Elections. 

Bond  election   117 

Bond  ordinance   117 

Purposes  for  which  bonds  may  be  issued 112 

Municipal  Elections. 

Certificates   of   election Ill 

Chartered  cities  not  bound  hereby 110 

City  clerk  is  Registrar 10y 

Clerks — filling  vacancies  109 

Compensation  of  registration  officers 110 

Electors'  oaths  109 

Electors'    qualifications    109 

General  election  laws  apply  hereto Ill 

General  registration  and  election  laws  apply  hereto 110 

Judges  and  clerks — filling  vacancies 109 

Notice  of  108 

Qualifications   of  electors 109 

Registrar — City  Clerk  109 

Registration   books   109 

Registration    officers — compensation    110 

Registration — time    109 

Time  for  holding  109 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  187 

N 


Nominations 

Candidates  ................................................................................................................................. 

Accounts  —  itemized,  filing  names,  arrangements  on  oailots  ......     39 

Personal   expenses   defined  ...................................... 

Crimes,    tampering   with    certificates  ...... 

False   swearing   in   papers   or   certificates,   penalty  ..... 

Signing  name  of  another  person,  penalty 

Declination    ............................................................  .............     40 

Direct:   see  primary  elections  petition  ....................  34, 

Vacancies  —  how  filled  ................................................................................................  41,     42 

Notices. 

Elections—  of    ...................................................................................... 

Election  —  of  —  posting  ....................................................................................  « 


Oath. 

See  conduct  of  elections. 

See  registration  of  electors. 
Officers. 

See  county  officers. 

See  election  officers. 

See  registration  of  electors. 

See  state  officers. 
Official  primary  ballot. 

See  primary   elections. 

P 

Penalty. 

Keepers  of  houses  of  ill-fame — false  statement 19 

Prostitutes — false  statement  20 

Political  Parties. 

Defined    25 

Polling  Places. 

See  conduct  of  elections. 

Designation  21 

Plan    21 

Poll  Lists. 

Form 68 

Polls. 

See  conduct  of  elections. 

Time  of  opening  and  closing 32 

Precinct  Officers. 

To  be  elected — enumerated 15,     26 

Precincts. 

See  election  precincts. 

Presidential   electors   15,  83 

Certificates    of   election _ 83 

Compensation   85 

Election    for    83 

Meeting — notice  to  Governor 84 

Meeting  of  Electors 84 

Primary  Ballot. 

See  primary  elections. 


188  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Primary  Elections. 

Ballots.  Page 

Arrangement  of  nominees'  names 39 

Deposit  32 

Disposition  33 

Form    '. !11!11Z1I!IZI!!.III"I I.. "I I'..".'" "."".  38 

Preparation             ...                            38 

Spoiled   32 

Stickers   42 

Vacancies  after  printing 42 

Candidates. 

Accounts,  itemized,  filing 43 

Expenses  allowed 42 

Canvass  of  votes .'. 32 

Check  lists  LZZ 30 

Clerks,  appointment  and  compensation 30 

County  central  committee,  how  chosen 26 

Election  law,  general  provisions  applicable 29 

Fraud,   result  of 29 

Judges. 

Appointment  30 

Canvass  of  votes 32 

Challenges   32 

Compensation   80 

Deposit  of  ballots 32 

Power  to  administer  oaths 32 

Nomination  papers. 

Certificate  to  accompany 35 

Contest  over  filing 35 

False  swearing  in,  penalty 43 

Fees    37 

Filing,  place 37 

Form    .' 35 

Signing  another's  name,  penalty 44 

Nominations. 

Declination    40 

Vacanvies,  how  filled ;. 41 

Nominees. 

District  Judges,  certified  lists 37 

How  determined  33 

Notices. 

Posting    31 

Publication    31 

Oaths,  judges  may  administer 32 

Polling  places,  how  provided 30 

Polls  open,  when 32 

Poll  lists  30 

Supplies    30,  34 

Tally  sheets  30 

Time   of  holding 25 

Voters. 

Challenge  to,   ground 31 

Examination  of  by  judges 32 

Qualifications  31 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  189 

Primary  Elections — Continued.  Page 

Voting. 

Manner    .  32 

Tie - 34 

Probate  Judge. 

See  county  officers. 

Prosecuting  Attorney. 
See  county  officers. 

Prostitutes. 

Challenge  of  19 

Examination  of  by  Registrar - 19 

False  statement — penalty 20 

Not  qualified  to  vote 19 

Public  administrator. 
See  county  officers. 

Public  Buildings. 

See  elections  for  erection  of  public  buildings. 

Q. 

Qualifications   of  voters 17 

See  constitutional  provisions. 
See  direct  primary  elections. 

Disqualifications    18 

Keepers  of  houses  of  ill-fame 19 

Prostitutes  _ _ 19 

Unlawful  cohabitation  19 

R 

Recall  8 

See  commission  form  of  government. 

Recorder. 

See  county  officers. 

Referendum. 

See  commission  form  of  government. 

Registrar. 

Keeper  of  houses  of  ill-fame — examination  of 19 

Prostitutes — examination  of  19 

Unlawful  cohabitation  19 

Registration  of  Electors. 

Appointment  44 

Books „ „ 45 

Challenge  49 

Check  lists  „ 47 

Check  lists — preparation  49 

Compensation  of  Registrars 51 

County  Commissioners  to  appoint  Registrars 44 

Duties  of  Registrar 47 

Elector's  Register 49 

Evidence  of  naturalization 47 

Examination    of   electors 47 

Notices,  books  and  supplies 45 

Voters — additional  qualifications — Legislature  may  prescribe  8 


190  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

Registration  of  Electors — Continued.  Page 

Oaths  of  electors 48 

Oath  of  Registrar 46 

Preservation  of  Registrar's  papers 49 

Qualifications  of  Registrars 44 

Refusal  of  registration,  record  of 49 

Registrar  to  estimate  tickets  required 50 

Removal  from  precinct 50 

Supplies   45 

Transfer  certificates  50 

Vacancies,  how  filled 44 

Voters,  record  of 49 

Registration  officers  44 

Representatives. 

See  state  officers. 

Residence. 

Inmates  of  asylums 18 

Sailors 18 

Soldiers    18 

Students  18 

Voting  purposes  8 


Sailors. 

See  residence. 
Secretary  of  State. 

See  state  officers. 

Distribution  of  copies  of  election  laws 13 

Senators. 

See  state  officers. 
Senators,  U.   S 15 

Election  of  15 

Vacancies  93 

Sheriff. 

See  county  officers. 
Soldiers. 

See  residence. 

Special   elections   91 

Canvassing  board — meeting  of 91 

Canvassing  board — time  of  meeting 92 

Conduct   of   91 

Congressional  vacancy  93 

General  election  law  applicable 92 

Legislative  vacancy  93 

Notice  of  ..- 92 

Special  question. 

See  ballots  and  supplies. 
See  elections. 

Stamps. 

See  ballots  and  supplies. 

State  Board  of  Canvassers 79 

Abstracts — delay  of  counties  remitting 80 

Certificates  of  election 81 

Constitution  of  Board 79 


ELECTION  LAWS  OF  THE  STATE  OF  IDAHO  191 

Page 

Correction   of   mistakes 

Duties  

Duties  of  board — tie  vote 81 

Irregular  returns  - — 

Legislature — list  of  members 

Malconduct  or  error — ground  for  contest 

Meetings  of  Board 

Records  of  Board  

Special  election 

Tie  vote  

State  Central  Committee. 
Chairman. 

Filling  vacancies  in  nominations 41 

Qualifications  27 

Members — selection  27 

Organization  : 27 

Powers  27 

Secretary — filling  vacancies  in  nomination 

Qualifications   27 

Vacancies  in  Nomination. 

Manner  of  filling 41 

Power  to  fill 41 

State  Conventions. 

Certification  of  names  of  precinct  committeeman 27 

Delegates. 

Expenses    

Numbers,  how  determined 28 

Selection  27 

Members — seats  fraudulently  obtained 

Nominees — filing  names,  etc 

Organization  28 

Time  of  holding , 28 

Statement  of  Expenses. 
See  primary  elections. 

Stickers  on  Tickets. 

See  primary  elections. 

Students. 

See  residence. 

Suffrage. 

Right  of — guaranteed  by  Constitution 5 

Superintendent  of  Public  Instruction. 
See  county  officers. 
See  state  officers. 

Supplies. 

See  ballots  and  supplies. 
See  canvass  of  returns. 
See  conduct  of  elections. 
See  primary  elections. 

Surveyor. 

See  county  officers. 

Swearing  falsely. 

See  primary  elections. 


192  ELECTION  LAWS  OF  THE  STATE  OF  IDAHO 

T 

Page 
Tally  Sheets. 

Form 30 

Tax  Collector. 

See  county  officers. 

Taxes — Road. 

See  county  bond  elections. 

Tickets. 

Stickers  on 42 

Tie  Vote. 

See  State  Board  of  Canvassers. 
Time. 

See  elections. 

Title. 

Election  laws  13 

Treasurer. 

See  county  officers. 
See  state  officers. 

U 
United  States  Senators 

Election   of   15 

Vacancies  93 

V. 

Vacancies. 

See  nominations. 

Judges — how  filled  24 

United   States   Senators — how   filled 93 

Voters. 

See  conduct  of  elections. 

Residence,  how  determined 66 

See  electors. 

See  qualifications  of  voters. 

See  registration  of  electors. 

Votes. 

See  primary  elections. 

Votes,  Count  of 

See  canvass  of  returns. 

Tie  vote 34,     81 

Voting. 

See  absent  voting. 

See  conduct  of  elections. 

See  primary  elections. 


YC  09105 


OF  CALIFORNIA  UBRARY 


